Lack of informed consent can lead to accusation of which of the following?

• A. All of the above
• B. Battery
• C. Negligence
• D. Malpractice

Answer: (A)

Lack of informed consent touches several legal areas because consent is a foundational element of performing any medical intervention. When a procedure is done without the patient’s voluntary, informed agreement, the action can be viewed as unconsented touching, which is the essence of battery. If the consent process was inadequate—for example, the patient wasn’t informed of risks, benefits, alternatives, or the consequences of not undergoing the procedure—the provider may be held liable for negligence due to a failure to meet the standard of care in obtaining and documenting informed consent. Malpractice, a form of professional negligence, can also arise when there is a failure to obtain proper consent as part of the provider’s duty to act within accepted medical standards. Because lack of informed consent can lead to liability under multiple legal theories, “All of the above” best reflects the potential accusations.