Consent and Risk Reduction in Healthcare
October 8, 2025

Informed consent isn’t just a legal requirement—it’s a key part of ethical care, professional accountability, and risk management. When clients don’t fully understand the services they’re receiving, it can lead to confusion, complaints, or even legal action. And sometimes, it’s not your care that gets questioned, it’s the lack of clear communication or documentation that leads to a claim.

Whether you’re working in-person, online, or in a hybrid setting, clear consent can help set expectations, prevent misunderstandings, and protect your practice. It’s one of the most important steps you can take to ensure clients feel safe and reduce your exposure to claims. Here are some simple best practices to strengthen your informed consent process and avoid the risk of a dispute down the road.
RELATED: How Can Healthcare Professionals Manage the Risks of Virtual Care?
Disclaimer: Please note the information provided herein offers guidelines only and is presented from a liability-based perspective to help you avoid insurance claims. It is not exhaustive and should not take the place of legal advice, nor will it apply to all healthcare practices, settings, and circumstances. For specialized guidance, please consult a lawyer or a licensed insurance representative.
PRO Tips:
1. Explain First, Sign Later
Getting a client to sign a consent form isn’t enough. It’s important to have a real conversation about what they’re agreeing to.
Make sure your client understands:
- What services you’re providing and for how long
- Why you’re recommending them
- What the benefits are
- What the possible risks or side effects might be
- Any limitations of the service (what it can and can’t do)
- What other options are available
Use clear, everyday language; avoid jargon. Make sure they feel comfortable with the plan before moving forward. This helps build trust and reduces the chances of confusion or complaints later on.
2. Inform Clients About Their Rights
Clients have the right to make informed decisions about their care. That includes accessing information in their records, refusing or stopping treatment at any time, revoking consent, and seeking care elsewhere. Clearly explaining these rights upfront reinforces transparency, reduces the chance of miscommunication, and helps protect you from complaints or liability issues later on.
3. Be Transparent About Technology
Clients have the right to know how their information is being shared, stored, and used—especially when technology is involved. Let them know:
- What platforms you use and why
- Whether their messages or emails will be part of their client record
- Any potential risks to data privacy
- What you’re doing to keep their information secure
Being transparent supports informed consent and helps you meet your legal obligations under and any provincial privacy laws (like PHIPA in Ontario or PIPA in Alberta & BC). It also reduces the risk of misunderstandings, complaints, or allegations of misrepresentation, especially if a privacy concern or data breach arises.
RELATED: Which healthcare privacy laws apply to my practice?
4. Tailor to Each Client
Not every client can give consent in the same way. Be mindful of language barriers, cognitive challenges, cultural differences, or health conditions that might affect their ability to consent. If a client can’t consent due to age or capacity, involve a substitute decision-maker (like a parent or legal guardian) based on the laws and policies in your province. Taking the time to tailor your approach shows respect for the client and helps you meet your legal and professional responsibilities.
5. Document Consent
While verbal consent is an important first step, it’s not enough on its own. Always make sure you have a clear, written record of consent. Whether it’s through a contract, a waiver, or even an email, having this documented protects both you and your client by showing there was mutual understanding and agreement.
Include in your client records:
- Verbal and written consent
- Any questions or concerns raised by the client
- Clarifications or follow-ups
- The client’s right to withdraw or refuse treatment at any time
If a claim arises, having a thorough record of the consent conversation can make all the difference.
RELATED: Document Like a Pro: Tips to Protect Your Career from Allegations
6. Follow Professional Standards
Your consent process should always meet the requirements set by your regulatory body, align to your profession’s ethical standards, and follow your organization’s internal policies (especially when delivering care across provinces, where rules may differ). Regularly reviewing and updating your procedures ensures you’re staying compliant and minimizing your exposure to claims.
7. Allow Time for Questions
Encourage clients to ask questions and make sure they feel comfortable speaking up. Providing resources before appointments, such as brochures, website links, or short videos, gives them time to review and reflect. This helps clients fully understand their care, make informed decisions, and feel confident in the process. It also reduces the risk of misunderstandings, complaints, or claims, protecting both your clients and your practice.
8. Regularly Revisit
Consent isn’t a one-time event. If your services, tools, or a client’s situation changes, check in to make sure they still understand and agree to the care you’re providing. It’s also important to revisit your own consent process: review industry guidelines, regulatory requirements, and best practices regularly to stay current and compliant. These check-ins not only prevent misunderstandings but also show that you’re committed to professionalism and transparency. Additionally, be sure to always document these check-ins.
Prepare for the “What Ifs”
Even with the best intentions, things don’t always go as planned; misunderstandings happen. That’s why clear communication, proper documentation, and a strong consent process are key to protecting both your clients and your practice. But if a disagreement does arise, that’s where insurance comes in.
At PROLINK, we understand the unique challenges that Regulated Health Professionals face. With over 30 years of experience with healthcare professionals, we’ve helped thousands of providers reduce risk, navigate claims, and safeguard their careers, whether online or in-person.
Our Professional Liability Insurance (also known as Errors & Omissions (E&O) Insurance) helps protect you and your practice from costly claims of errors, omissions, or negligence that may arise from the professional services you provide. This coverage also extends to online and e-services, ensuring you’re protected whether you’re seeing clients in person or virtually. Click here to learn more!
Taking the right steps ahead of time can make all the difference. But if things don’t go as planned, we’re here to support you.
Connect with PROLINK today to learn how we can help safeguard your practice at every stage of your professional journey.
PROLINK’s blog posts are general in nature. They do not take into account your personal objectives or financial situation and are not a substitute for professional advice. The specific terms of your policy will always apply. We bear no responsibility for the accuracy, legality, or timeliness of any external content.