What Does “Informed Consent” Mean Under Florida Medical Malpractice Laws?

Florida health care provider, you have probably encountered an informed consent situation. The term refers to the requirements a physician must meet before delivering care, as well as communicating the implications of treatment in a way the patient will understand. When handled appropriately, a doctor may not be liable for certain outcomes under the Florida Medical Consent Law because the patient agreed to the care as described.

However, this general explanation does not take into account the complicated details regarding informed consent. You should entrust these specifics to an experienced Miami medical malpractice attorney who will advocate on your behalf. Some basics about the law and steps for achieving true informed consent may also be helpful. 

Overview of Florida’s Informed Consent Law

The statute acts as a limitation on liability, preventing a patient from obtaining compensation when the physician meets certain conditions before treating, examining, or operating. No recovery is possible for claim based upon a lack of informed consent if:

1. Informed Consent in Advance: In a non-emergency or elective surgery situation, informed consent will arise long before the procedure. Your health care provider is required to advise on:

• The nature of the procedure
• The risks and potential dangers
• The existence of reasonable alternatives

If you do agree through your signature on the documents explaining these matters, then informed consent has taken place.

2. Emergency or Urgent Medical Procedures: In some situations, you may not have the opportunity to sign a document in advance. Still, your informed consent may occur if your doctor obtained it through other medically accepted methods, such as having you nod or squeeze someone’s hand. You may also be presumed to offer consent if you hypothetically would have provided consent under the circumstances.

Steps to Informed Consent 

Note that both of the conditions must be met before a doctor can escape liability for lack of informed consent in Florida. The medical field has established a process for obtaining consent, which would constitute an acceptable practice in the medical field to meet requirement #1. Physicians are expected to follow certain steps for informed consent to be valid, including:

• Providing details on risks and benefits of the treatment
• Communicating information on the on risks and benefits of alternative therapies, including what may occur without any treatment
• Offering satisfactory answers to patient questions
• Allowing time for the patient to discuss the plan with loved ones
• Empowering the patient to make a decision in his or her best interests
• Being notified of the patient’s decision regarding treatment

The absence of any of these factors may indicate a deviation from the applicable medical standard, laying the foundation for a medical malpractice claim. 

Exceptions to Informed Consent in Medical Malpractice Cases

Even if your healthcare provider proves your informed consent, that doesn’t spell the end of your claim. You still have a medical malpractice claim if your agreement was obtained through fraud, deception, or misrepresentation of an important fact related to the treatment.

In addition, informed consent does not operate as a waiver of all liability. It only protects a physician from the risks and hazards that were explained to you, and which are commonly associated with the procedure. You still have rights if you were injured due to other negligent acts, such as:

• Leaving an item inside your body
• Performing the wrong procedure
• Misdiagnosing your illness
• Many other forms of negligence

Call Now to Discuss Options with Our Florida Medical Malpractice Lawyers 

If you have concerns about informed consent in connection with a medical treatment or procedure, you may have grounds for a medical malpractice claim. There are many additional legal requirements to meet, including a showing of the direct harm you suffered after not having sufficient information to agree. Our team at Freidin Brown, P.A. can explain these issues in more detail, so please contact our offices in Miami or Fort Myers, FL today to set up a free consultation. We can advise you after learning more about your situation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.103.html