What is implied consent?

Implied consent refers to a situation where consent is inferred from a person's actions, the circumstances of a situation, or the facts rather than from explicit verbal or written acknowledgment. In the context of healthcare, including dental practices, implied consent is often established when a patient presents themselves for treatment and undergoes procedures without the need for a formal agreement. This recognizes that by seeking treatment or allowing a dental professional to perform a procedure, the patient is implicitly agreeing to receive that care.

For instance, if a patient sits in a dental chair and opens their mouth for an examination, it can be understood that they are providing consent for the dentist to examine their teeth. This is different from explicit consent, which requires a clear, documented acknowledgment, such as signing a consent form or verbally agreeing to a procedure under specific terms. Thus, the understanding that consent can be operationalized without formal documentation, based on the context and behavior of the patient, supports the idea of implied consent.