Establishing Medical Malpractice: Lack of Informed Consent
As you may know, there are a number of acts that may give rise to a medical malpractice lawsuit in Florida. What you may not know, however, is that you may have grounds to sue your doctor for the things that they have, oppositely, failed to do. As a patient, you have the right to make medical decisions that are based on a full disclosure of the potential risks. If your doctor fails to disclose these risks and acquire your informed consent, this would be a legitimate basis for a lawsuit. In order to file a successful claim for compensation, however, you must be able to prove that you have suffered damages as a result of your doctor’s negligent actions and that, had you known of the possible risks, you would have declined to participate in the medical procedure.
Before agreeing to undergo any sort of medical treatment or procedure, you must first offer your informed consent—which includes having access to the following information:
- The purpose of the procedure or treatment
- Detailed information about the potential risks
- Information about alternative treatments
- The estimated cost of the procedure or treatment
- The success rate of the procedure or treatment
There are very few circumstances under which your doctor would not have to ask for your consent, including cases of a medical emergency. If you are unconscious, for example, your doctor would have the right to make decisions on your behalf. Similarly, your doctor would not need to acquire your consent when performing standard medical procedures (i.e. checking your heart rate). If your case does not fall under either of these categories, however, you should not hesitate to explore your legal options. With the help of a West Palm Beach medical malpractice attorney from the Law Offices of Casey D. Shomo, P.A., you may be able to secure damages for the harm that you have suffered.