Facing a medical issue is already stressful, and discovering that you might not have been fully informed about the risks involved can add another layer of anxiety. In the legal world, this boils down to ‘informed consent,’ a critical component in medical malpractice cases, especially in Florida. If you were injured following a medical procedure without fully understanding the risks, you may have options available to seek compensation.

Informed consent is a foundational principle in healthcare that helps ensure patients are fully aware of any risks, benefits, and alternatives before undergoing medical procedures and treatments. Legally, it’s a safeguard that protects patients’ rights to make autonomous decisions about their healthcare. Failure to obtain informed consent can have profound legal implications for healthcare providers.

Elements of Informed Consent:

Full Disclosure: Medical professionals must provide comprehensive information about the procedure, including potential risks and expected outcomes.
Understanding: The patient must fully understand the information provided, and the healthcare provider should ensure this understanding through clear communication.
Voluntary Agreement: The patient must voluntarily agree to undergo the procedure, free from coercion or undue influence.
Documentation: The informed consent should be documented, usually in the form of a signed agreement, to serve as a legal record.

In Florida, the law stipulates that healthcare providers must inform patients of the nature of the procedure, the substantial risks and hazards of the procedure, and the alternatives to the procedure. Failure to provide this information can be grounds for a medical malpractice claim.

How it Relates to Medical Malpractice

When discussing medical malpractice, the absence or inadequacy of adequate consent can be a significant factor in determining liability. When healthcare providers fail to obtain proper informed consent, they can be held accountable for any adverse outcomes that may occur as a result.

Possible Injuries and Issues Due to Lack of Informed Consent:

Surgical Complications: Without proper informed consent, patients may not be aware of the risks involved in surgery, leading to unexpected complications.
Adverse Medication Reactions: Failure to disclose the side effects of medication can result in severe allergic reactions or interactions with other drugs.
Unintended Long-term Conditions: Lack of informed consent can lead to conditions like chronic pain or infertility, which the patient was unaware of.
Psychological Trauma: In extreme cases, the absence of informed consent can lead to psychological issues like anxiety or depression stemming from the unexpected outcomes of a medical procedure.

If you’ve experienced any of these issues due to a lack of informed consent in Florida, you may have grounds for a medical malpractice claim. If you are unsure of your options and need help after suffering an injury, you need the help of an experienced personal injury and medical malpractice attorney. An attorney can guide you through any upcoming legal channels and help you receive compensation that gets you back on your feet. Specifically, an attorney can help your case in the following ways:

An attorney can help collect all necessary documentation, such as medical records and informed consent forms, to build a strong case.
Lawyers often consult with medical experts to validate the malpractice claim, providing credibility to your case.
From filing the lawsuit to representing you in court, an attorney handles the legal intricacies of medical malpractice claims.
If applicable, an attorney can negotiate settlements with the healthcare provider or insurance company, aiming for the maximum compensation you deserve.

If you need help navigating your medical malpractice claim, call the personal injury attorneys at Probinsky & Cole today.