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Can I file suit against my doctor if they failed to inform me about risks related to an operation or procedure?
Yes, in Florida it may be grounds for medical malpractice claims if your physician failed to give adequate informed consent before performing medical procedures or treatments. Providing patients with adequate information about potential risks, benefits and alternatives of their proposed procedure or treatment is key component of quality healthcare delivery; informed consent serves this function well when properly implemented by healthcare providers.
Imunitar Consent Requirement: Physicians are legally mandated to inform patients of any major risks involved with medical procedures or treatments that require informed consent, including outcomes, complications and alternatives.
Failure to Obtain Informed Consent as Ground for Lawsuit: Failing to obtain informed consent could form the basis for a medical malpractice suit if an injured party experienced harm due to procedures they were never adequately informed about.
Proving Your Case: In order to prevail in such a lawsuit, it must typically be shown that had an experienced doctor been available, they would have made you aware of all risks involved with undertaking surgery and that given this knowledge you would have made different choices regarding where and when the procedure takes place.
Exceptions: Emergency situations where it is impracticable or immaterial to obtain consent; when patients waive their right to be fully informed are exceptions that exist.
For more information see: Chapter 766-Medical Malpractice and Related Matters of Florida Statutes
Case Study of Informed Consent
Imagine Mrs. Jones, an accountant aged 58 who places her trust in Dr. Smith – an esteemed orthopedic surgeon – when seeking relief for chronic knee pain. In consultation for minimally invasive arthroscopy with him, Mrs Jones hears about potential risks like infection or nerve damage but readily consents for relief of pain-free mobility!
Unfortunately, Mrs. Jones suffers excruciating nerve pain following surgery which renders her immobile. Shaken by this experience, Mrs. Jones learns from a consulting specialist that the risks that Dr. Smith minimized were actually quite frequent and had she known more fully understood them; Mrs. Jones may have chosen conservative therapy over surgery had they known of its potential effects earlier.
Mrs. Jones feels betrayed and physically injured after experiencing Dr. Smith’s failure to properly explain all risks related to an arthroscopy – this constitutes a breach of professional duty on his part and she seeks legal counsel at our Percy Martinez – Medical Malpractice Lawyers. We recognize the possible violation of Mrs. Jones’ informed consent rights which was made evident during Dr. Smith’s failed disclosure of true risks related to it arthroscopy procedure.
Armed with medical expert testimony and Mrs. Jones’ compelling narrative, we successfully navigate Florida’s medical malpractice laws. Through unwavering commitment, our uncompromising approach secures a fair settlement which compensates Mrs. Jones for her physical and emotional suffering while holding Dr. Smith responsible for his actions.
This case serves as an invaluable reminder of the criticality of informed consent in medical decision-making. Patients need to have full transparency when making health-related choices; here at Percy Martinez – Medical Malpractice Lawyers we advocate on their behalf so their voice and rights are heard and protected.
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