Yes, absolutely. As an initial matter, the American Medical Association describes proper informed consent as much more than a physician simply handing a patient a stack of forms to sign before a procedure is performed. Rather, the patient and physician must have a clear and meaningful conversation about the nature of the procedure, the risks and benefits, and any alternatives. Yet this often doesn’t happen.
But even when informed consent is properly obtained, the patient’s consent for the procedure never excuses a healthcare provider’s negligence. Informed consent is simply an acknowledgement by the patient that even if the provider complies with all standards of care (that is, acts non negligently), sometimes complications and bad outcomes can still happen. But when a doctor, nurse, or any other providers of medical services commits medical malpractice, they can’t dodge legal responsibility by pointing to the consent form. A patient never consents to a doctor’s negligence.