What Is Informed Consent?
Did you know that you can sue for medical malpractice if the doctor performed a risky operation without having your consent (as just one example)? Yes, this is what we call Informed consent.
Though this policy will vary from one state to another, the concept will remain the same. The idea is that a doctor is not supposed to carry out a risky medical procedure without first explaining the risks involved and having your consent through writing.
However, it is essential to note that there are some situations where a doctor might not require consent to do the operation. If you’re unsure about your situation, talk to a personal injury lawyer near you.
What Does the Law of Consent Say?
In Florida, the consent law requires the doctor to advise a patient on three main things. The first is the nature of the procedure to be done. The second requirement is that the doctor must clearly explain the risks associated with the surgery to the patient.
Lastly, the doctor must suggest reasonable alternatives to the procedure and inform the patient of the consequences of not undertaking the risky medical operation. If all these three requirements are met, the doctor has satisfied the Informed consent requirements.
It is important to note that signing a piece of paper does not automatically guarantee consent. The signed document must have all vital information and should not have been signed when the patient was heavily medicated.
Can You Still Sue After Signing Consent?
Contrary to popular belief, there are some situations where you can still sue despite signing consent. These scenarios are:
Medical Negligence
Even though you have signed consent, the doctor must adhere to best medical practices. For example, if the doctor leaves a surgical instrument inside your abdomen, you have a valid reason to sue. If the operation resulted in death due to negligence, you could file a wrongful death claim.
Filling the claim is easy; the hard part is proving that the cause of death was medical negligence and not a result of the surgical procedure. For this reason, we advise you seek the services of a qualified medical malpractice lawyer.
The Doctor Withheld Important Facts
There have been cases where patients have signed consent with half the facts about the surgical procedure. Maybe the doctor told you just enough to consent and not everything required by law. Important information that you need to be informed by the doctor are:
- Dangers involved in the procedure
- Benefits of the procedure
- Alternatives to the treatment, if any
The Doctor Did Not Follow Medical Protocol
In medicine, we have what we call Standard of Care. The standard of care is based on medical protocols that every doctor should follow. For example, If you have cancer, the protocol will typically include surgery, chemotherapy, or radiation.
Let us assume that the doctor finds a new treatment on the internet and experiments with you. If you do not get better, the signed informed consent will be null and void.
Get in Touch with a Qualified Medical Negligence Lawyer
Do you believe that your doctor committed medical malpractice? Did you sign an informed consent form but still experienced a medical irregularity? If yes, call the Law Offices of Casey D. Shomo on 561-659-6366 or contact us through the submission box here on our website. We promise to seek justice for you and your loved one.
