What type of consent is given when a patient is unable to provide consent, under the legal assumption they would want treatment?

In situations where a patient is unable to provide consent, implied consent is assumed based on the legal and ethical understanding that a reasonable person would want medical treatment in a life-threatening or emergency situation. This type of consent is particularly relevant for individuals who are unconscious, incapacitated, or otherwise unable to communicate their wishes.

Implied consent allows medical professionals, including EMTs, to provide necessary treatment without explicit verbal or written permission. It recognizes the urgency of such medical situations, where delaying treatment to secure consent could result in harm or exacerbate the patient’s condition. This principle becomes essential in emergency medical services, where speed and efficacy are critical to saving lives.

In contrast, informed consent requires a patient to be fully aware of the treatment's risks, benefits, and alternatives before agreeing. Expressed consent is when a patient clearly states their wish to receive treatment. Informed refusal involves a patient choosing to decline a suggested treatment after understanding the consequences. These alternatives do not apply when a patient is incapacitated and unable to communicate, which is why implied consent is the appropriate choice in this context.