Florida Informed Consent Law
Walk into any doctor’s office for the first time, and you’ll be handed lots of paperwork to fill out.
Some of those forms deal with patient privacy. Others deal with your personal health history. If you need a medical or surgical treatment, you’ll get a different form. It’s called a patient consent form, and your doctor’s office, surgeon’s office or hospital will require that you sign it before you have a medical or surgical treatment. That form should include many details, such as where the treatment or procedure will take place, what type of treatment or procedure you’ll be having, and a list of potential complications that may arise during the treatment or surgery.
But what if something goes wrong during your treatment? Does your signature on a consent form mean you can’t file a medical malpractice case in Florida? It’s a question many clients have.
What are Florida Medical Consent Laws
The state of Florida has an informed consent law. That means your doctor, surgeon, hospital or doctor’s office staff must be sure not only that you sign the consent form, but that you fully understand what’s in the form. If you can prove you didn’t understand the information, you may have grounds for a lawsuit.
The burden of proof will be on you to not only show that you weren’t made aware of the complication prior to your medical or surgical treatment, but also that the doctor, surgeon or hospital acted out of negligence.
When to Call a Consent Form Lawyer
If you are injured as the result of a medical or surgical treatment and you think you have grounds for a medical malpractice case, it’s in your best interest to talk with a medical malpractice attorney sooner than later. Florida has a two-year statute of limitations on medical malpractice cases, so if your surgery or treatment occurred in March 2017, you have until March 2019 to file a lawsuit.
the Ocala consent form lawyers at the Rothenburg Law Firm have more than 25 years of experience in medical malpractice cases. We’ve represented patients from throughout North Central Florida, including Ocala, Huntington, Dunnellon, Silver Springs, Marion Oaks, Leesburg, Gainesville, Belleview, Fort McCoy, York, Fellowship, Zuber, Anthony, Reddick, Rutland, Inverness and the Villages.
Attorney Steve Rothenburg has tried many famous medical malpractice cases. In each case, he uses his decades of legal experience in Florida courts and administrative agencies to represent people who have been harmed. We’ll litigate your case from start to finish to get you the help you deserve.