The Difference Between Implied and Expressed Consent

The Difference Between Implied and Expressed Consent

Implied consent and express consent occur in different ways but they have the same outcome. That is, they offer a person’s consent or agreement to action. There are several situations where we consent to certain actions knowingly and even unknowingly. But whether consent is implied or expressed, if a business or person engages in wrongful actions to get consent, it may be possible for a victim to file a suit for their damages.

Issues of consent when damages result to a victim can be challenging to litigate. This is why having an experienced attorney on your side is beneficial. In Mississippi, Bob Germany is a Jackson personal injury attorney that can help you when you were falsely led into a situation that caused your harm. 

How are Implied and Expressed Consent Different?

The Difference Between Implied and Expressed ConsentWhen you are being fully briefed on a certain event or circumstances and you are able to ask questions and get a full understanding of everything, should you then willingly sign off on allowing the situation to move forward you have given your expressed consent. Surgery is a good example of a time when this happens. 

Before surgery, your doctor should be discussing the benefits and risks and make recommendations based on several factors including your health. You can obtain information about your upcoming surgery and then decide if the treatment is right for you. If you sign the consent forms for the surgery, you are implicitly indicating that you have been fully comprised of how the surgery can impact you and that you are willing to take the risks that come along with it.

By contrast, implied consent is not as straightforward. In these situations, a person is not factually saying yes to something or signing a document showing that they know exactly what they are entering into and that they are agreeing to everything that goes along with it. An example where implied consent applies could be the aftermath of a catastrophic car accident.

If a victim in a catastrophic car accident is severely injured and requires immediate and quick medical attention, an ambulance may be sent to rapidly get victims to the hospital for treatment. A victim in this situation that is receiving medical treatment is not physically giving their consent to it, but the details of what is happening to them are enough to assume that they would agree to medical treatment if they could.

If misrepresentations of facts lead to expressed consent and a person is harmed as a result, a claim for compensation may be an applicable legal response. The same is true for implied consent. If a person is harmed by the actions of another party where implied consent is not reasonable, this too can lead to a Mississippi injury claim for compensation.

Speak with a Jackson Personal Injury Attorney Today

If you were injured by a negligent individual or a company’s reckless practices in Mississippi, connect with the Jackson commercial litigation attorney to have your case reviewed and to learn more about your legal options to take action. Call the Germany Law Firm, PLLC today to schedule your free consultation at (601) 487-0555.