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Daytona Medical Negligence Attorney | Deland Malpractice Lawyer

Medical Malpractice Injuries and Informed Consent in Florida

Generally speaking, medical providers cannot treat you without your informed consent. This law recognizes each person’s right to direct what is and is not done to his or her body.

Florida’s Medical Consent Law establishes that it is medical malpractice to treat a patient without informed consent. Medical providers obtain informed consent if two criteria are met:

1. The medical provider must comply with the appropriate method or standard of obtaining informed consent. The standard varies among medical specialties so each medical provider can satisfy the standard in different ways. A medical expert’s testimony is required to establish the defendant medical provider breached this standard.

2. The information the medical provider supplied to the patient was sufficient to apprise a reasonable individual of a general understanding of the procedure, the medically acceptable alternatives and the substantial risks inherent in the procedure.

Even if these criteria are not met a medical provider can avoid liability for injuries caused in connection with failure to provide informed consent if the provider can show that under all the circumstances the patient would reasonably have undergone the particular treatment if he or she had been properly informed.

We have the experienced Daytona Medical Malpractice Attorney to help you on your questions and concerns.


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