Are negligence and improper test administration covered by informed consent?

Informed consent is a critical component in research and clinical practice, ensuring that participants understand the nature, risks, and benefits of an intervention or test. However, informed consent does not protect practitioners from liability due to negligence or improper test administration.

Negligence refers to a failure to take proper care that a reasonable person would take in similar circumstances, which can result in harm to the participant. This means that even if a participant has signed an informed consent form, if a healthcare provider does not adhere to the standard of care expected in their profession, they can still be held liable for any resulting harm.

Similarly, improper test administration signifies a failure to conduct tests correctly, which can lead to misleading results or harm to the participant. The idea of informed consent involves acknowledging that participants are informed about the risks, but it does not absolve professionals from the duty to perform their responsibilities competently and safely.

Thus, while informed consent serves to create an understanding and an agreement between the participant and the clinician about the proposed activities, it does not provide immunity against claims of negligence or improper test protocols.