Surgery is a special medical act requiring the patient's prior informed con
sent. Informed consent necessitates correct comprehensible information whic
h must be documented in case of court claims. Consent must be given freely
by the patient who has been properly informed. Consent from patients with i
mpaired cognition raises particular problems as does consent from incarcera
ted patients. The French Code of deontology does not state how the informat
ion must be delivered and how the patient's consent must be recorded nor wh
ich party is charged with proof of information. The information delivered m
ust be loyal (true with nothing hidden) and appropriate (adapted) fur the h
ealth status of the patient and his/her personality and capacity to underst
and as well as for the proposed care. Information depends on the patient's
and the physician's general culture. In addition to the information itself
documentary proof of its delivery is required in case of court claims. Care
fully written documents are mandatory. They should meet certain requirement
s, remaining general enough (example: appendectomy and its risks), updated,
and simple and comply with the rules of deontology.