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Florida Informed Consent Law

Medical Malpractice Lawyers in Fort Lauderdale

Informed consent is the principle by which physicians are required to provide patients with information about their medical condition and the options available to them for treatment. With this information, patients are then expected to make an informed decision about consenting or not to the proposed treatment plan.

Information needed from the doctor in order to make an informed decision:

  • Adequate explanation of the diagnosis
  • Nature of the treatment, along with the purpose it will serve
  • Known benefits and risks of the treatment/procedure
  • Potential risks of not undergoing the treatment/procedure
  • Alternative treatment options available, if any

The nature of informed consent laws accounts for more than just obtaining permission from the patient for treatment. It also implies that the patient’s ultimate consent is obtained only after he or she has been fully informed of all aspects of the diagnosis and treatment plan. If proper explanation is not given or crucial information is missed by the doctor, the patient cannot adequately make an informed decision before giving – or not giving –consent.

Interested in learning more? Request a free case evaluation with an attorney at Malove Henratty, P.A.

Consent and Damages

Patients can consent to treatment verbally or in writing, depending on the situation. When consent is given in writing, physicians are expected to provide specific consent documents to be signed by the patient. When the patient is a child, consent will usually default to the parent or guardian of the child.

Instances in which “implied consent” are acceptable include:

  • Patient is unconscious and no family member or guardian is present to speak on the patient’s behalf
  • Patient is unconscious and there is no living will to refer to for direction on the matter
  • Patient’s conduct suggests a willingness to undergo treatment

Recovering damages in cases of informed consent is done differently than in typical cases of medical malpractice. In these types of cases, the liability relates not to a lack of treatment or mistreatment, but rather to a lack of consent to the procedure. Even if the medical procedure was performed successfully, any patient who did not give informed consent beforehand may still be able to sue for damages.

Representing Victims in Miami-Dade County, Broward County, and Palm Beach County

If your physician failed to provide you with the information needed to make an informed decision about the course of your medical treatment, contact Malove Henratty, P.A. as soon as possible. Our Fort Lauderdale personal injury attorneys have spent decades representing patients in similar situations throughout South Florida and the state. Backed by more than 50 years of combined experience and many successful cases, we are fully prepared to help you take the appropriate legal action needed to secure maximum compensation after an incident involving lack of informed consent.

There are no upfront fees or hidden expenses when you work with our team. Contact us today at (954) 767-1000 to schedule a free consultation.