Consent is the foundation of the state’s medical system. Patients must fully understand the risks of any procedure they are about to undertake before they can consent, and doctors owe them certain duties to share accurate medical information. When information is misleading, wrong, or incomplete, then a patient has not consented to the procedure and might have a medical malpractice claim.
What Florida Law Says about Medical Consent
Fla. Stat. 766.103 is the Florida Medical Consent Law. It states that a patient cannot bring a lawsuit for receiving medical treatment without informed consent unless the defendant failed in certain ways:
- The medical professional did not follow the accepted standard of medical practice when obtaining consent
- The medical professional did not provide a general understanding of the procedure
- The medical professional did not provide information on the medically acceptable alternatives
- The medical professional did not share information about the “substantial” risks and hazards recognized by other professionals in the same community
If you received medical care, then you need to establish that you did not receive the above information. This can be confusing, especially if you have no experience with the appropriate standards in the medical community. However, an attorney can review the circumstances and analyze whether you have a case.
The Law Applies to Many Medical Professionals
As stated in the statute, the law applies to licensed:
- Physicians, including osteopathic physicians
- Advanced practice registered nurse
- Physician assistant
If you were treated by someone else, meet with a lawyer to discuss whether you can bring a claim.
Defenses Available for Medical Professionals
Even if the medical professional did not share all necessary information, the statute provides an “out” that relieves him or her of legal responsibility. Simply, you cannot win if the defendant can show you would have undergone the procedure even after if provided all of the required information.
For example, putting stents in the heart carries certain risks. But if the patient was on the verge of dying, then he or she probably would have gone ahead with the procedure anyway, even after being apprised of the risks and alternatives.
Review Your Case with a Miami Medical Malpractice Attorney
Suing a doctor or other medical professional is never easy. Fortunately, an experienced attorney can streamline the process and aggressively fight for the compensation you deserve.
Contact Dolan Dobrinsky Rosenblum today. You can call 305-371-2692 to schedule a free consultation.