Informed Consent and Consent Forms
Paul Deiter, MD, LLB
Spring 2008 - Volume 12 Number 2
Informed consent is not often a significant part of a malpractice claim. To prevail on this issue, a jury or arbitrator must be convinced that the claimant would not have agreed to undergo the procedure if the possibility of occurrence of the complication that ultimately occurred, no matter how rare, had been disclosed. However, failure to obtain informed consent can be the basis for a successful claim when the care was otherwise within the standard of care.