Blog by Advocate Majid Twahir

Next of kin consent does not give relatives control. It applies only when a patient lacks capacity and requires families and clinicians to reflect the patient’s wishes. Proper use preserves autonomy and keeps the patient central to care.

Consent in children’s healthcare is not absolute parental control. The law prioritises the child’s best interests, recognises evolving capacity, and limits parental decisions that conflict with good clinical practice. Courts may intervene, but cautiously, mindful of the child’s social reality.

Valid consent in healthcare requires capacity, voluntariness, and clear, understandable disclosure. Patients may refuse care. Consent is specific, ongoing, and authorises treatment only to the extent agreed. It reflects respect for dignity, autonomy, and lawful practice.

Consent in medicine evolved from rigid paternalism to patient partnership. Practice moved from authority and assumed compliance to autonomy and patient centred care, framing consent as an ethical, legal, and professional foundation of modern healthcare

Many medical negligence disputes stem from communication failures and system weaknesses rather than true negligence, and shows why early use of alternative dispute resolution in healthcare better addresses patient needs, manages risk, preserves learning, and reduces harm compared to litigation.