Under what circumstances does implied consent typically apply?

Implied consent typically applies in emergency situations where a patient is unable to communicate their wishes due to factors such as unconsciousness or severe illness. In these scenarios, it is assumed that the patient would give consent if they were able to do so, particularly if immediate medical intervention is necessary to prevent harm or preserve life. Healthcare providers act under the assumption that a reasonable person would want treatment in such emergencies, thus justifying the provision of care without explicit consent.

In contrast, circumstances where a patient expressly states their approval indicate informed or explicit consent, which is a different process entirely. For minor procedures, while lower risk might lead to a presumption of consent, it does not automatically equate to implied consent. Additionally, written consent is a form of explicit consent and is not required for every situation, particularly in emergencies.