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am i entitled to file a medical malpractice lawsuit if i have signed a consent form for treatment um most definitely you are um there is actually a separate theory in addition to negligence that you can um sue on uh sue for a lack of informed consent uh 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 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 pro
