Medical Malpractice Attorneys

in West Palm Beach, Florida

What is Informed Consent?

The requirement for Informed Consent arises from the principle that a person is entitled to prevent unwanted contact with his or her body. So the doctor has a duty to give patients facts about any proposed procedures, so that the patient can make an informed decision.

Ensuring Valid Consent
Nobody can be coerced into signing the Consent form. Healthcare providers must obtain it under the right circumstances to make sure that the form is valid:

The person obtaining the Consent should be the same person who will perform the procedure, and should already have detailed knowledge of the patient’s medical history.
The physician must ensure that the patient is mentally and legally able to give consent.
If the consent is given for a specific procedure, the medical provider can typically not go beyond the scope of that procedure
The provider must give the patient full information about the procedure: its purpose, risks and benefits (including any rare but serious risks such as death or disfigurement), any alternative treatments along with their risks and benefits, and the probable consequences if the patient were to refuse this procedure
Before signing, the patient must be able to ask questions and give the matter some thought

Two Types of Consent

1. Express consent – given verbally or in writing. It needs to include what procedure is being consented to, who discussed it with the patient, who is to perform it, and where and when it will be performed.

2. Implied consent – not given in writing or verbally, but understood because of the situation surrounding it. Examples would be (a) when a patient comes for a minor procedure; or (b) when further work becomes medically necessary during a surgery to which the patient did give consent.

Consent Exceptions

1. Emergencies – such as during a surgery when the patient is unconscious, or in the emergency room where a patient possibly can’t communicate. On the assumption that the patient would in those circumstances want their life to be saved, there are cases where no consent is required to perform emergency medical procedures.

2. Risk of Significant Harm – if the patient might sustain physical or emotional harm by being given upsetting information

3. Required Tests – in some situations involving mental health or infectious diseases, consent may not be required for a test to be given.

Minors and Incompetents
When informed consent is required in order to treat a young child or a mentally disabled person, it must be obtained from the correct guardian. For a child, it is usually the parents. Florida has a “mature minor” law which in some cases allows a teenager to give consent without parental knowledge or agreement.

Schedule your initial consultation
Please call or email us for your free consultation. If you think you might have a valid claim arising from lack of informed consent, we will be glad to listen and assess your situation. We work on a contingency basis, so that we are not paid until you are. We serve all of Southern Florida.

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West Palm Beach, Florida, medical malpractice attorney Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the IKON Building.