What is the difference between "explicit" and "implicit" consent?

The distinction between explicit and implicit consent is fundamental in medical ethics and law. Explicit consent refers to a clear and direct agreement provided by the patient, often achieved through formal means such as signing a consent form or verbally agreeing after being informed about a procedure, its risks, benefits, and alternatives. This type of consent is often associated with more invasive medical procedures, where informed consent is paramount.

Implicit consent, on the other hand, is based on the understanding that the patient’s actions or circumstances imply their agreement to receive care. For example, if a patient shows up for a routine examination and agrees to undergo a physical check-up, their presence and willingness to engage in the exam can be interpreted as an implicit form of consent. In this scenario, the consent is not formally documented in the same way as explicit consent.

This difference is crucial in practice because it dictates how healthcare providers obtain and recognize consent. Explicit consent requires a detailed and informed approach, ensuring patients understand what they are agreeing to, while implicit consent relies on situational norms and patient behaviors.