How does consent affect a medical malpractice case?
The most common affirmative defense in a medical malpractice action is that of consent. In order for consent to apply as a defense, the defendant must show that the patient was made aware of all risks involved in a procedure. Generally, this is done by having patients sign consent forms that include warnings regarding the procedure before they receive treatment. A consent form is valid only if it is complete and only if the physician fully informed the patient of the risks.
