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Am i entitled to file a medical malpractice lawsuit if I have signed a consent form for treatment most definitely you are there is actually a separate theory in addition to negligence that you can sue sue for in a lack of informed consent consent of a patient is necessary before procedures performed by a physician a physician can be liable for a medical battery if they do not have informed consent before giving treatment with informed consent a physician he has a duty to inform the patient about all foreseeable risks results and possible alternatives to treatment you need to know what your alternatives and options are to prove a case of lack of informed consent the plaintiff must again have an expert who will testify to what a reasonable physician would have told the patient about the risks and the expert must say why the disclosure by the defendant physician was not reasonable under the circumstances having said all that the fact that a consent form is signed before a procedure is not conclusive a good plaintiffs medical malpractice lawyer can challenge the content of a consent form they can challenge the time it was signed who have you already been given that shot that kind of makes you groggy before you going into surgery they can challenge the circumstances under which it was signed did a doctor talk to you or were you just handed a consent form by a nurse and said and you know told sign here on the line you know was there a proper interpretation of that form was it explained to the patient the most important thing to remember John is just because a consent form mentions a particular risk and the patient was informed of that risk the patient does not consent to malpractice a physician has to take measures to prevent that risk or harm so for example in a surgery case if a surgeon injures a nerve or a blood vessel and that injury had been mentioned on the consent form your attorney can still introduce evidence that that injury occurred only because of the negligent way the doctor performed the procedure consent only applies to appropriate care it doesn't apply to negligent care