Who had the duty to obtain and conform to the informed consent given by the plaintiff?

The physician has the duty to obtain and has the responsibility to conform to the informed consent given by the plaintiff so he/she can review the consent and determine what had happen to the plaintiff.

Moreover, it is the obligation of the physician to explain the nature, details, character and risk of a particular procedure to the patient before it will occur so he/she can obtain clear consent from the patient.