Lack of Informed Consent Attorney in Florida
Understanding Your Rights as a Patient
As a patient, you are entitled to certain information. This includes full disclosure of the risks that you could be facing when you agree to participate in any sort of medical procedure. Your doctor must acquire your informed consent before subjecting you to most medical treatments, procedures or tests—with the exception of certain routine, non-treatment procedures—since you have the right to make an educated decision about your healthcare.
Once you have acknowledged the risks that you could be facing, either through verbal or written consent, your doctor cannot be held accountable for any complications that subsequently arise-unless, of course, their own negligence has contributed to your injuries. On the other hand, you may be entitled to compensation if your doctor had failed to acquire your informed consent before subjecting you to a risky medical procedure.
In order to sue for medical malpractice, however, you must be able to prove that:
- You would have opted out of the treatment had you been informed of the potential risks
- The risks were significant enough to warrant informed consent
- You have suffered damages as a result of your doctor’s negligence
If you are wondering whether or not your case meets this burden of proof, we encourage you to speak with our Tampa medical malpractice attorneys at The Florida Law Group. We have recovered millions of dollars in damages for our clients over the years.
We are ready to help: Call (833) 899-0310for a free consultation.
What Information must be Disclosed? Our Tampa Medical Malpractice Attorneys Explain.
While your doctor is not expected to inform you of all possible complications that could arise during the course of a procedure, they are required to disclose all pertinent information. This will vary from case to case, depending on the nature of the treatment or procedure.
Your doctor must typically explain, and give you the chance to review, the following information:
- The purpose of the proposed treatment/procedure
- The chances of the procedure being successful
- Information about alternative treatments
- The specific risks involved in the procedure
- The estimated cost of the treatment/procedure
When Informed Consent is not Required in Florida
As mentioned earlier, your doctor is not required to acquire consent for basic medical procedures like checking your heart rate, testing your reflexes, conducting a physical examination, etc. Beyond that, however, there are numerous other exceptions to the informed consent rule. For example, your doctor would not be expected to get your informed consent in emergency situations. If they have a limited amount of time to initiate life-saving procedures and/or you have been rendered unconscious, your doctor would be expected to make a reasonable decision on your behalf. Thus, you would not be eligible to file a medical malpractice lawsuit even if you would have otherwise chosen to deny treatment.
Seek Help from Our Board Certified Trial Expert!
When dealing with a case of medical malpractice, you will want an aggressive legal advocate in your corner. Fortunately, you don’t need to look any further than the Tampa medical malpractice lawyers at our firm. Our lead attorney, Chris Limberopoulos, is a Board Certified Civil Trial Specialist by The National Board of Trial Advocacy, placing him among the 1% of all lawyers who have earned this distinction. For this reason, you can trust that your case will be in good hands when you turn to our firm for help.
If you are interested in learning more, don’t hesitate to contact our firm today.
Hear It From Our Clients
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My husband was in a car accident, Chris and his team has worked hard for him every step of the way while my husband was dealing with a lot of stress and depression do to his back and neck injuries.- Kimberly
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I had a very bad accident and was referred to Kevin, Chris and The Florida Law Group. I could not have asked for better care. I am very happy with the job they did for me and I want to thank them for working so hard on my case.- Sarah
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My wife had a serious car accident and the lawyers at The Florida Law Group recovered a large cash award for her. We were very happy and have sent many of our friends who have needed a lawyer to them.
- Robert
Why Choose The Florida Law Group?
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Over 100 Years of Collective ExperienceOur founder, Chris Limberopoulos, has been Board Certified as a Civil Trial Specialist by the National Board of Trial Advocacy, a distinction that only 1% of lawyers can claim and has been awarded the distinction of Florida Super Lawyer since 2008.
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Multi Million-Dollar RecoveriesWe are proud of our success in obtaining million-dollar recoveries in our cases and we are not accustomed to settling for anything less than the very best for our clients.
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Personalized Service Tailored to YouWe are not a “mill” law firm featuring “case managers” instead of lawyers; we are lawyer-driven, lawyer-managed, and lawyer committed to practicing law at the very highest level.
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A Proven Record of SuccessSince our founding in 1984, we have recovered hundreds of millions of dollars for our clients through settlements and at trial.