Forensic Evaluation of Informed Consent Deficiencies in Medical Practices

Background: Informed consent is a fundamental element of medical ethics and legal accountability.However, in many healthcare institutions, consent forms are still treated as a formality rather than a meaningful communication process between physicians and patients.In Türkiye, malpractice allegations and compensation claims related to incomplete or missing consent have increased in recent years, highlighting the need for standardized documentation and physician-led consent practices.This study aimed to evaluate the quality, completeness, and common deficiencies of informed consent documents referred to the Adli Tıp Kurumu (Council of Forensic Medicine) for forensic assessment. Materials and Methods:A total of 441 medico-legal case files sent by judicial authorities to the Council of Forensic Medicine for expert evaluation of informed consent were retrospectively analyzed over a five-year period from January 2020 to December 2024.The Data included demographics, medical specialty, intervention type, hospital type, presence of written consent, risk and complication information, person obtaining consent, and identified deficiencies.Results: Written informed consent was present in 201 cases (45.6%) and absent in 240 cases (54.4%).The most frequent deficiencies were missing physician's signature (10%), missing diagnosis (7.5%), and missing date (6%).Risk information was present in 98.5% of forms.Deficiencies were significantly higher when consent was obtained by nurses or other personnel (p < 0.01) and in private hospitals, where rates of deficiencies were about twice those in public institutions (p < 0.01). Conclusion:Deficiencies in informed consent documentation remain common in Türkiye.Lack of physician involvement and incomplete forms undermine both patient autonomy and legal validity.Standardized, physician-led, and procedure-specific consent processes, supported by institutional oversight, are essential to ensure ethical and legal protection.