What are the Requirements for Medical Informed Consent in Florida? By Tod Aronovitz | 11/30/18 | 0 Comment

medical malpracticeDoctors and other medical providers are required to obtain informed consent from a patient before they perform a medical procedure. Informed consent must explain the nature of the procedure and what it is intended to correct, any potential risks associated with the procedure and any possible alternatives to the procedure.

The medical provider who is going to perform the procedure should obtain informed consent. A patient must agree to a medical procedure only after all the requirements for obtaining informed consent have been met.

Patients must be competent to give informed consent. If a patient is sedated so that they are unable to comprehend the meaning of a medical provider’s explanations regarding a medical procedure, the patient is not capable of giving informed consent. In emergency situations, medical providers may be able to obtain informed consent from close family members.

Medical providers often have patients sign a form acknowledging that they have given informed consent for a procedure to be performed. However, this type of document does not necessarily mean that a doctor or other provider obtained informed consent. If the patient did not understand what they were signing or were simply asked to sign a form without any explanation, the form may not be enough to prove that valid informed consent was given.

Patients who have been victimized by medical errors may be able to file a lawsuit on the basis that there was no valid informed consent given. Personal injury attorneys in Miami at Aronovitz Law may be able to help. If a patient would not have agreed to have the procedure if it had been fully explained and suffered harm as a result, informed consent may become an important part of a medical malpractice case. One of the Miami malpractice attorneys at Aronovitz Law may be able to help patients in cases where informed consent was not properly obtained.