Medical procedures always come with some level of risk, but patients have the legal right to be fully informed before agreeing to any treatment. In Florida, healthcare providers are required to disclose important details about medical procedures, including potential risks, benefits, and alternative options. When doctors fail to do so, patients may have legal grounds to file a medical malpractice lawsuit based on lack of informed consent.

In this guide, we will explain Florida’s informed consent laws, what patients can do if they believe they were not fully informed, how to prove lack of informed consent, and the compensation that may be available to victims of medical malpractice. If you feel you weren’t properly informed about a medical procedure, this article will help you understand your options and legal rights.

What is Informed Consent?

Informed consent is the process by which a healthcare provider explains the risks, benefits, and alternative treatment options to a patient before performing a medical procedure. This is a legal and ethical requirement designed to ensure that patients can make educated decisions about their medical care.

Elements of Informed Consent in Florida

For consent to be legally valid, a doctor must provide a thorough explanation of the following elements:

1. The procedure’s nature and purpose: A clear explanation of the treatment the patient will undergo.
2. Potential risks and complications: A detailed description of what can go wrong, the likelihood of those risks, and how serious they may be
3. Expected benefits and success rates: What the doctor expects to achieve with the procedure and its likelihood of success.
4. Alternative treatment options: If there are other available treatments, these must be discussed along with their own risks and benefits.
5. Consequences of refusing the treatment: What might happen if the patient chooses not to undergo the procedure.

If any of these elements are not properly explained, the patient's consent is not considered informed, and the healthcare provider could face medical malpractice charges.

Lack of Informed Consent in Florida Medical Malpractice: A Complete Legal Guide

Medical procedures always come with some level of risk, but patients have the legal right to be fully informed before agreeing to any treatment. In Florida, healthcare providers are required to disclose important details about medical procedures, including potential risks, benefits, and alternative options. When doctors fail to do so, patients may have legal grounds to file a medical malpractice lawsuit based on lack of informed consent.

In this guide, we will explain Florida’s informed consent laws, what patients can do if they believe they were not fully informed, how to prove lack of informed consent, and the compensation that may be available to victims of medical malpractice. If you feel you weren’t properly informed about a medical procedure, this article will help you understand your options and legal rights.

What is Informed Consent?

Informed consent is the process by which a healthcare provider explains the risks, benefits, and alternative treatment options to a patient before performing a medical procedure. This is a legal and ethical requirement designed to ensure that patients can make educated decisions about their medical care.

Elements of Informed Consent in Florida

For consent to be legally valid, a doctor must provide a thorough explanation of the following elements:

1. The procedure’s nature and purpose: A clear explanation of the treatment the patient will undergo.
2. Potential risks and complications: A detailed description of what can go wrong, the likelihood of those risks, and how serious they may be.
3. Expected benefits and success rates: What the doctor expects to achieve with the procedure and its likelihood of success.
4. Alternative treatment options: If there are other available treatments, these must be discussed along with their own risks and benefits.
5. Consequences of refusing the treatment: What might happen if the patient chooses not to undergo the procedure.

If any of these elements are not properly explained, the patient's consent is not considered informed, and the healthcare provider could face medical malpractice charges.

Lack of Informed Consent as Medical Malpractice

When a doctor fails to fully inform a patient about the risks, benefits, or alternatives of a medical procedure, and the patient suffers harm as a result, it may constitute medical malpractice. In Florida, this is considered a lack of informed consent case.

A medical malpractice lawsuit for lack of informed consent typically involves the following claims:

• The doctor did not disclose critical information such as risks, benefits, or alternative treatments.
• The patient would have chosen a different course of action had they been properly informed.
• The patient suffered an injury or harm due to the lack of adequate information.

Even if the medical procedure was performed correctly, the failure to obtain proper informed consent can still result in legal liability for the doctor or healthcare provider.

How to Prove Lack of Informed Consent in Florida

To win a medical malpractice lawsuit based on lack of informed consent, the patient (or their attorney) must prove several legal elements:

1. The Doctor Had a Duty to Disclose Risks

Florida law holds doctors responsible for disclosing all material risks associated with a medical procedure. A material risk is one that would reasonably affect a patient’s decision-making process. This means a doctor must inform the patient of any risks that a reasonable person would find significant when deciding whether to undergo the procedure.

2. The Doctor Failed to Provide Full Disclosure

A patient must demonstrate that the doctor withheld information or misrepresented the risks or benefits of a procedure. Common examples include:

• Not mentioning known risks or complications that could occur during or after the procedure.
• Downplaying the severity of certain risks or complications.
• Failing to explain alternative treatment options, leaving the patient unaware of other potential solutions.

3. A Reasonable Patiepotential solutions. Next, the patient must prove that a reasonable person would have declined the procedure had they been fully informed of the risks, benefits, and alternatives. Florida courts use a reasonable patient standard, meaning the decision is based on what the average person would do in similar circumstances if they had received complete information.
4. The Patient Suffered Harm

Finally, the patient must show that they suffered harm as a direct result of the procedure. If the doctor failed to inform the patient of the risks, and those risks materialized leading to injury or additional medical complications, the patient may have a valid claim. If the disclosed risks occurred and did not lead to harm, the case may not be valid.

Florida Laws on Medical Consent and Patient Rights

What Does Florida Law Say About Informed Consent?

Florida law requires that healthcare providers obtain informed consent from their patients before performing any treatment or procedure. According to Florida Statutes §766.103, a doctor is not protected from legal action if they fail to provide a full explanation of the risks, benefits, and alternatives to the patient in a way that is understandable.

What Happens if a Doctor Skips Informed Consent?

If a doctor fails to obtain proper informed consent, the patient may pursue legal action under the following claims:

• Medical malpractice: If the doctor was negligent in failing to disclose the necessary information.
• Medical battery: If the doctor performed a procedure without obtaining any consent at all, or if the patient explicitly denied consent for the procedure but it was performed anyway.

Both of these claims may result in legal consequences for the doctor and may entitle the patient to compensation for any damages resulting from the procedure.

Doctor Liability for Failing to Obtain Proper Consent

When is a Doctor Liable?

Doctors are legally liable for failure to disclose material risks, including situations where they:

1. Fail to explain the potential complications or risks associated with a treatment.
2. Downplay or minimize the significance of certain risks.
3. Do not provide the patient with alternative treatment options.
4. Use high-pressure tactics to get a patient to consent to treatment without fully explaining their options.

In any of these cases, the doctor may be held liable for the patient's injuries if they can prove that the lack of disclosure led directly to harm.

Common Defenses Used by Doctors

Doctors facing lawsuits based on lack of informed consent may use the following defenses:

Signed consent forms

A doctor may argue that the patient signed a consent form, but this defense is not always enough. If the doctor failed to fully explain the risks, the consent form may not provide protection.

Obvious risks

The doctor may claim that the risks were so obvious that they didn’t need to be explained.

Medical emergency

In certain cases, a doctor may argue that a medical emergency prevented them from obtaining full consent.

These defenses are not always successful, especially if the doctor failed to explain key risks or options that could have influenced the patient’s decision.

Compensation for Lack of Informed Consent in Florida

If you have suffered harm due to a lack of informed consent, you may be entitled to compensation for your losses. The compensation available in a medical malpractice lawsuit could include:

1. Medical Expenses: This includes the costs of correcting any harm caused by the procedure, such as additional surgeries, hospital stays, or medical treatments.
2. Lost Wages: If you missed work due to complications from the procedure, you could be compensated for your lost income.
3. Pain and Suffering: This compensates for the physical and emotional distress you experienced due to the injury.
4. Punitive Damages: In cases where the healthcare provider's actions were particularly egregious or reckless, you may be entitled to additional compensation meant to punish the doctor and deter future misconduct
5. The amount of compensation you could receive depends on several factors, including the severity of the harm, medical expenses, lost wages, and the emotional and psychological impact of the injury.

What to Do If You Were Not Properly Informed

If you believe that your doctor did not fully inform you about the risks or alternatives of a medical procedure, there are steps you should take to protect your legal rights:

1. Gather Your Medical Records

Start by requesting a copy of your medical records, including any signed consent forms. This will help you identify if there was any lack of proper disclosure.

2. Document Your Experience

Write down everything you remember about your interactions with the doctor, including the details of what was explained to you prior to the procedure. Any discrepancies or missing information will be helpful in your case.

3. Consult a Medical Malpractice Attorney

It is important to speak with an attorney who specializes in medical malpractice cases. An experienced lawyer can help assess the strength of your case, explain your legal rights, and guide you through the process of filing a lawsuit.

4. File a Lawsuit

If your attorney believes you have a valid case, they can assist you in filing a medical malpractice lawsuit against the responsible party. This will allow you to seek compensation for your damages.

Frequently Asked Questions (FAQs)

Can I sue my doctor if I signed a consent form?

Yes, signing a consent form does not automatically protect a doctor from liability if they failed to fully explain the risks, benefits, or alternatives of a procedure. Informed consent requires that the patient genuinely understands the medical treatment they are agreeing to. If a doctor provided misleading or incomplete information, a lawsuit may still be valid.

What if my doctor downplayed the risks?

If a doctor minimized or omitted crucial details about the risks associated with a procedure, they may be held liable for lack of informed consent. A patient must prove that had they known the full extent of the risks, they might have chosen a different treatment or opted out altogether. Courts evaluate whether a reasonable person would have made a different medical decision if fully informed.

Does informed consent apply to emergency medical situations?

In emergency cases where a patient is unconscious or unable to provide consent, Florida law allows doctors to perform necessary medical procedures without obtaining informed consent. However, if the situation is not an emergency and there was an opportunity to inform the patient or their authorized representative, the doctor may still be responsible for obtaining proper consent.

How long do I have to file a lawsuit for lack of informed consent in Florida?

Florida has a two-year statute of limitations for medical malpractice claims, including those based on lack of informed consent. This means a patient must file a lawsuit within two years from the date they discovered or reasonably should have discovered that they were harmed due to inadequate disclosure. In some cases, exceptions may extend this period, but it is crucial to seek legal advice as soon as possible.

What kind of evidence is needed to prove my case?

To prove a lack of informed consent claim, a patient will need evidence such as medical records, doctor’s notes, expert testimony from other medical professionals, witness statements, and possibly the testimony of the patient themselves regarding what was explained before the procedure. The court will also consider whether a reasonable person would have declined or altered their treatment choice if properly informed.

Contact Rafferty Domnick Cunningham & Yaffa Today

If you or a loved one suffered harm because a doctor failed to properly inform you of the risks and alternatives to a medical procedure, you may have a valid medical malpractice claim.

Don’t delay—reach out to a qualified Florida medical malpractice attorney today. An experienced lawyer can review your case, help you understand your legal rights, and fight for the compensation you deserve.

Contact Rafferty Domnick Cunningham & Yaffa today to get a free consultation and protect your patient rights.