Personal Injury Lawyer

Personal Injury Law and Consent For Medical Treatment

If you’ve ever faced a serious injury, you know that hospitals and doctor’s offices are not easy places to find information. When you are able to talk to your doctor, you may not understand everything they say, or have questions that they don’t have time to answer. When you don’t understand or don’t have the right information about your diagnosis and treatment options, it is impossible to make a sound decision about your care.  

According to Florida Medical Consent Law, 766.103, all patients have a right to be informed of medical procedures being asked of them, as well as the possible risks and complications associated with that procedure. You also have the right to learn about the alternatives to each procedure or the risks associated with not having the proposed treatment at all. If these requirements are not met, under Florida law you are not allowed to consent to any procedure. Your doctor could face serious consequences if they go ahead without your informed consent.

You are not required to give informed consent for all procedures. For example, having your blood drawn or receiving a scan does not require informed consent because these procedures are considered generally safe and risk-averse. However, there are many cases in which informed consent is required by you and your doctor, including:

  • Surgical procedures
  • The use of anesthesia during surgery
  • Radiation therapy and chemotherapy
  • Blood transfusions
  • Inserting a medical or surgical device
  • Experimental treatments of any kind
  • Approved treatments being used in an experimental way

If you have recently had a poor experience at a hospital or medical facility, you probably have a lot of questions. Did a doctor mislead you about medical risks? Did you find out about a less risky or more beneficial treatment option after your decision? Were you subjected to a procedure that you didn’t understand?

If so, contact Katherine Stone of the Injury Florida Law Firm. Katherine and her team of legal professionals can help you recover financially after medical malpractice or personal injury in a medical facility. You can contact Katherine at [email protected] or call our offices today. 

Leave a Reply