Failure To Get Informed Consent A Common Factor In Tampa Medical Malpractice Claims
When you go to your doctor or get treatment at any type of healthcare facility, there are typically a variety of forms to fill out prior to your visit. In addition to questions about your medical history and lifestyle, there are likely to be several different consent forms for you to sign.
These should detail all of the risks associated with your care, including any adverse symptoms, side effects, and less-than-positive outcomes you could face. Our Tampa medical malpractice attorney explains how failure to provide this information and obtain informed consent is a common factor in Florida medical malpractice claims.
Obtaining Informed Consent From Patients
Informed consent helps prevent doctors from providing certain types of care that could have potentially adverse impacts on patients without full disclosure of the risks and the patient’s consent. Obtaining informed consent is required in a variety of situations and is governed by state laws.
Under the Florida Statutes, the Medical Consent Law found in Chapter 766 requires medical providers to notify patients of the following prior to prescribing a course of treatment, performing surgery, or offering other types of medical services:
- The nature of the treatment or procedure and what the medical provider hopes to accomplish or correct;
- The risks the patient faces in terms of undergoing care or treatment;
- Other alternatives that may be available for managing or treating their condition;
- What they can reasonably expect in terms of their health if they do not consent to the recommended course of treatment.
Failure To Obtain Informed Consent Common In Tampa Medical Malpractice Cases
The Florida Patient’s Bill of Rights and Responsibilities details what residents of the Sunshine State are entitled to in terms of medical care. Patients have the right to get copies of medical records, be informed as to the nature of their condition and any possible treatments, and be made aware of any risks or adverse outcomes they could possibly face, both with and without care.
Unfortunately, according to the University of Florida, failure to provide these types of disclosures or obtain informed consent is one of the most common contributing factors in medical malpractice claims. Patients who suffer adverse effects and their families can hold negligent providers accountable for losses they suffer as a result. This includes:
- The cost of any additional medical care required due to failure to obtain informed consent;
- Reimbursement for lost wages during recovery and future lost income and benefits in the event of long-term disabilities;
- Compensation for pain, suffering, and any scarring or disfigurement;
- Funeral costs and other expenses, in the event failure to obtain informed consent proves fatal for the patient.
Request A Consultation With Our Tampa Medical Malpractice Attorneys
Failure to obtain informed consent is common in Tampa medical malpractice cases. Unfortunately, it can have serious and potentially life-threatening impacts on the patient’s health. Greco & Wozniak, P.A. helps you hold negligent medical providers accountable for your losses. To request a consultation, contact our Tampa medical malpractice attorneys today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.103.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.026.html
flbog.sip.ufl.edu/risk-rx-article/what-weve-got-here-is-a-failure-to-communicate/
