Informed consent gives you the power to make decisions about your health. But what happens if you change your mind? In New York, you can revoke consent, but timing matters. Understanding how withdrawal works can help you protect your rights.
What is informed consent?
When a doctor or hospital explains a treatment, procedure, risk, and alternatives, they rely on your voluntary agreement. You must get this information in a way you can understand. Without it, medical professionals may violate legal requirements and ethical duties.
When can you withdraw consent?
You can revoke consent any time before or during a procedure, as long as you can communicate your decision. For example, if you ask your doctor to stop during surgery before anesthesia, they must comply unless stopping puts you at greater risk. You must express withdrawal clearly—saying “stop” or “I change my mind” works well.
What if the provider ignores you?
If medical staff proceed after you withdraw consent, they may be liable for battery or negligence. You could have grounds for a lawsuit and may pursue compensation for any harm caused. Documenting your request helps, such as insisting it be noted in your medical record.
What are exceptions?
If stopping care creates serious danger—like withdrawing during surgery with no anesthesia—the provider might continue under legal obligation to prevent harm. That scenario only applies when interruption creates imminent risk. Providers still must respect your wishes as soon as it’s safe.
Consequences of withdrawal
Withdrawing consent doesn’t automatically cancel billing or insurance coverage. You could still owe for services already rendered. Ask providers about financial implications before you withdraw consent. They must tell you about possible charges ahead of time.
Taking action
If you believe your withdrawal wasn’t heeded or caused harm, consult legal resources on medical rights. Gathering your records and any witnesses’ accounts strengthens your case. You deserve accountability and fair treatment for health care decisions.
Knowing you can revoke informed consent empowers you to stay in control. Speak up clearly, ask questions, and document your wishes. Your health, safety, and autonomy depend on recognized consent.
