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Doctor Communication & Consent Notifications (MBA)
Doctors · Communication & Consent

What Happens with a Communication or Consent Notification?

After clinical care, communication is the most common thread in notifications about doctors, and consent sits at its heart. Here is what Good Medical Practice expects, and how to respond.

In short

Good Medical Practice treats good communication as central to safe care and the doctor-patient partnership. Many notifications about doctors involve communication and behaviour rather than a clinical error alone, and informed consent is one of the most common flashpoints. A concern can arise where a patient did not understand their options or risks, felt dismissed, or was not given the chance to decide. These matters turn on the patient's experience, so a defensive response rarely helps. Reflecting honestly and evidencing a change is what a Board looks for.

What are communication concerns for doctors?

Concerns about how you communicated with a patient, their family, or your colleagues, judged against Good Medical Practice.

Good Medical Practice frames the doctor-patient relationship as a partnership built on good communication, and expects you to listen, share information in a way the patient can understand, and involve them in decisions. Many notifications about doctors concern communication and behaviour, not only clinical care, and communication concerns often sit alongside a clinical complaint. They range from a patient feeling unheard or dismissed, to a breakdown in team communication such as an unclear handover. For the overall process, see our guide to what happens after a notification to the Medical Board.

It is worth being clear that a communication concern is rarely about a single wrong word. It is about whether the patient understood what was happening, felt able to ask questions, and was treated as a partner in their own care. Two doctors can deliver identical clinical care, yet one leaves the patient informed and reassured while the other leaves them confused and upset. That difference is exactly what a communication notification captures, and it is why reflecting on the patient's experience, rather than the clinical facts alone, is central to a good response.

Because valid consent depends on the patient understanding their condition, options and risks, which is entirely a matter of communication.

Informed consent is one of the most common communication flashpoints in notifications. A patient can only make a valid decision if they understand their condition, the proposed treatment, the material risks, the alternatives, and what happens if they do nothing. Consent is a conversation, not a signature on a form. A concern commonly arises when a complication occurs and the patient says they were never told it could happen, or that they were not given a real choice. Good communication before treatment, and a clear record of it, is the best protection against this.

What does valid informed consent involve?

A conversation that covers the diagnosis, options, material risks and alternatives, in terms the patient understands.

Material risks include those a reasonable person in the patient's position would want to know, and those this particular patient would consider significant, which is why consent must be tailored to the person in front of you.

What does respectful communication mean?

Communication that is honest, courteous and free from dismissiveness, and that treats the patient as a partner in care.

Good Medical Practice asks doctors to be honest, respectful and considerate, and to communicate courteously with patients and colleagues. Many communication concerns are less about facts than about how care felt to the patient, a sense of being rushed, talked over, or not taken seriously. Behaviour towards colleagues matters too, since bullying or disrespect can also be the subject of a notification. Because these concerns are about experience, acknowledging the patient's experience honestly is usually more persuasive than defending your intention.

Impact over intent. A communication concern is almost always about how the patient experienced the interaction. Showing you understand that experience, rather than insisting on what you meant, is the clearest way to demonstrate insight.

What if the patient cannot consent for themselves?

Where a patient lacks the capacity to decide, consent must be obtained lawfully from the right substitute decision-maker, and emergencies have their own rules.

Consent concerns are not only about how well you explained things, they can also arise from who gave consent. If a patient lacks decision-making capacity, whether temporarily or permanently, you cannot simply proceed on your own judgement or a family member's say-so. You need to identify the lawful substitute decision-maker under the relevant state or territory law, or an advance care directive, and involve them in the decision. In a genuine emergency, where treatment is necessary and consent cannot be obtained, you may act to save life or prevent serious harm, but you should document the situation carefully. Getting the capacity and substitute-consent process wrong is a recognised source of complaints, so knowing the framework in your jurisdiction, and recording how consent was obtained, protects both the patient and you.

What outcomes can follow?

Most commonly education and no further action, with conditions where a genuine pattern is found.

Communication and consent concerns are frequently resolved through a focus on education, such as a course in communication or consent, or close with no further action. Where a pattern is found, the Board may impose conditions such as education, mentoring or supervision, which are removed once addressed. Our guide to notification outcomes explains the full range. A well documented consent discussion often resolves a consent concern at the earliest stage.

How should you respond to a communication notification?

Reflect genuinely on the patient's experience, explain your consent process, and evidence a concrete change.

Set out what you communicated and how you sought consent, mapped to Good Medical Practice, and share any record of the discussion. Where the patient felt unheard or under-informed, acknowledge that honestly in a reflective statement rather than becoming defensive, and evidence remediation such as communication CPD and a strengthened consent routine.

Illustrative example

The concern: After a complication, a patient said they were never told it was a risk, and felt they had not truly consented.

Explaining the process: The doctor sets out the discussion they had and what was recorded, honestly noting where the record was thin.

Reflection: They acknowledge how a rushed consent conversation left the patient feeling under-informed, without minimising.

Remediation: They complete CPD on communication and consent, and adopt a structured consent discussion and recording routine, including checking understanding.

How can CPD help with a communication concern?

Targeted CPD on communication and consent gives dated evidence that you understand the standard and have changed how you communicate.

Communication and consent are skills that improve with deliberate practice, so structured learning is especially relevant. CPD on effective communication, aligned with your CPD registration standard, helps you address the exact concern, whether consent, respectful communication or handover, and evidences it for your response. Paired with a reflective statement that centres the patient's experience, it directly addresses what a Board looks for. Browse the range of CPD for doctors.

Matched to communication concerns

Courses for a communication or consent notification

Structured CPD chosen for communication and consent concerns, to help you evidence remediation. Independent CPD you can use as evidence of remediation.

Communication

Ensuring Effective Communication as Healthcare Professionals

  • Directly targets the communication concern
  • Improve consent, rapport and handover
  • Evidence safer communication practice
Structured CPD · 2 hours
Enrol Now
Ethics

Ethics and Ethical Standards for Doctors

  • Ground consent in medical ethics
  • Support shared decision-making
  • Show the reasoning a Board looks for
Structured CPD · 2 hours
Enrol Now
Documentation

Professionalism in Documentation for Healthcare Professionals

  • Record consent discussions properly
  • Evidence what was explained and agreed
  • Protect yourself with a clear note
Structured CPD · 2 hours
Enrol Now
Notification

How to Deal With a Notification or Investigation

  • Understand each stage of the Board's process
  • Know what to do, and what to avoid, early
  • Respond calmly and well prepared
Structured CPD · 2 hours
Enrol Now

Frequently asked questions

Can a doctor be reported for poor communication?

Yes. Good Medical Practice treats good communication as central to safe care. Many notifications about doctors involve communication and behaviour, from a patient feeling dismissed to a consent concern, often alongside a clinical complaint.

What makes consent valid?

The patient must understand their condition, the proposed treatment, the material risks, the alternatives including doing nothing, and be free to decide voluntarily. Consent is a conversation tailored to the patient, not just a signed form.

What are material risks?

Risks that a reasonable person in the patient's position would want to know, and risks this particular patient would consider significant. Consent should be tailored to the individual, which is why a generic disclosure is not enough.

The patient signed a consent form, so why is this a concern?

A signature is not consent. What matters is whether the patient understood their options and risks through a genuine discussion. A form with no evidence of that conversation offers limited protection if consent is questioned.

The patient misunderstood me. Is that my fault?

A communication concern is about the patient's experience, so acknowledging how they may have felt is more persuasive than defending your intent. Showing you understand the impact, and have changed your approach, demonstrates genuine insight.

Can I keep working during a communication notification?

Usually yes. Most doctors keep working while a communication matter is assessed. Your registration is only restricted if the Board takes immediate action, used in a small number of higher risk matters after a show cause process.

How should I respond to a consent complaint?

Explain your consent process and share any record of the discussion, acknowledge honestly where it was thin, and evidence a change such as communication CPD and a structured consent routine that checks the patient's understanding.

Does CPD help with a communication notification?

Yes. CPD on communication and consent, aligned with your CPD registration standard, gives dated evidence that you understand the standard and have changed your practice. It never guarantees an outcome, but it directly addresses the concern.

Dr Richard

Dr Richard

Course Facilitator

MBBSFRACSFRACGPLLM, Healthcare Law & EthicsUniversity of Melbourne

A practising clinician with over 21 years of experience and postgraduate training in healthcare law and ethics, so every course reflects both clinical reality and Australian regulatory standards.

Written and reviewed by Dr Richard. Last reviewed . Read full profile

AHPRA Courses is an independent training provider. Our courses are structured CPD that practitioners can use as evidence of remediation. We are not affiliated with, endorsed by, or acting on behalf of Ahpra, the Medical Board of Australia, or any other regulator. Courses provide evidence of remediation and do not determine the outcome of any matter. This article is general information, not legal advice. If you have received a notification, seek advice from your medical defence organisation or a health law solicitor.