Informed Consent

Informed Consent

Informed Consent

Informed consent requires disclosure of the nature of the proposed treatment, its material risks, reasonable alternatives, and the consequences of declining. A claim alleges that adequate disclosure was not made and that the patient would have declined had it been.

It is distinct from a negligence claim about how the treatment was performed.

Alternative Names:

Consent to Treatment, Informed Consent Doctrine

Why it Matters?

Informed consent claims often accompany a technical negligence claim and survive even where the procedure was performed competently. The causation element is the practical battleground: the plaintiff must show that a reasonable patient, or in some states this patient, would have declined the procedure with full disclosure. Consent forms help but rarely decide the issue, since the question is what was actually communicated.

Frequently Confused with

Frequently asked questions

Does a signed consent form defeat an informed consent claim?

Does a signed consent form defeat an informed consent claim?

Not by itself. The question is what was actually disclosed and discussed, and a generic form may not establish that material risks were communicated.

What must the plaintiff prove on causation?

What must the plaintiff prove on causation?

That the undisclosed risk materialized and that a reasonable patient, or in some states this particular patient, would have declined the treatment had it been disclosed.