To perform a medical treatment, it is incumbent for the doctor to gain informed consent from the patient. Informed consent is a consent that is given by the patient upon a clear appreciation and understanding of the facts, implications, and future consequences of a medical act as provided by the doctor. Such consent is given as the patient is in possession of information regarding medical treatment that will be performed to him as well as risks that arise from the medical treatment. Informed consent, hence, is a form of agreement between doctor and patient. Informed consent is particularly useful as the basis of reference to determine whether the doctor has performed a malpractice or not. This thesis attempts to discover how informed consent can be an evidence for both patient and doctor in a court proceeding over medical dispute and legal protection for a doctor who is suspected of committing malpractice