Florida Medical Malpractice Attorney in Miami
For every medical procedure, there is some degree of risk. Even if you
are told to take a mild painkiller, there is always the chance of having
an adverse reaction to the drug. It is a doctor's duty to tell their
patients all of the potential risks involved with a medical procedure,
no matter how slight or severe they may be, before accepting their consent
to said procedure. This is known as obtaining informed consent, and it
is a serious medical malpractice violation if a doctor acts without it.
If you have been harmed in any way by a medical treatment and you were
not told all of the risks, and therefore you did not give informed consent,
contact Miami Medical Malpractice Attorney David C. Rash. With the legal guidance and experience of our law firm backing you, it
might be possible for you to receive financial compensation for your doctor's
Call 954.914.7116 today to begin your medical malpractice case.
What Information Needs to Be Disclosed and How
Medical treatments and pharmaceutical drugs are complex in nature, and
the details regarding them can be pages long. Your doctor does not need
to tell you about every minute aspect of your treatment if it is unimportant
or something that should be known without notification. For instance,
the patient should know that receiving an incision during surgery will
There are two widely-accepted guidelines for doctors to follow regarding
Other medical professionals: Is the risk in question something that most other medical professionals
would disclose to the patient? If it can be found that the general medical
populace would have told a patient of the risk and your doctor did not,
medical malpractice has occurred out of negligence and incompetence. Your
attorney may be able to use expert witnesses to help support your claim.
Patient's influence: Would a reasonable patient allow the risk in question to influence their
decision? If the answer is yes, it must be disclosed as part of informed
consent. Additionally, if the risk is found to be influencing enough to
change a patient's mind, at least one alternative solution must be offered.
In addition to what needs to be disclosed to you before medical treatment
is given, informed consent rules require that the information is given
to you in a clear, concise manner. Most courts will only consider a one-on-one
discussion with your doctor as receiving informed consent; being given
a lengthy sheet listing all the potential risks is not considered clear
enough to constitute informed consent.
Informed Consent Not Required
Receiving informed consent is not always mandatory. In rare circumstances,
it can be foregone to protect the patient's health. Informed consent
is not required most frequently in emergency situations where lifesaving
procedures must be done or the patient will pass away. Treatments that
will help an emotionally unstable patient can also be performed without
direct informed consent, as it may be assumed that the patient cannot
make or would choose not to make the right decision due to their current
How You Can Pursue Compensation for Lack of Informed Consent
If you are not given proper informed consent before a medical procedure
of any sort, you have grounds for a medical malpractice lawsuit. This
is true even when the unapproved treatment is a complete success as it
is still a violation of the patient's trust and right to decide how
their own body is treated. To strengthen your chances of success in courtroom
litigation or out of court mediation, first retain the services of our Miami
medical malpractice lawyer. We always keep your best interests and rights in mind –
something your doctor should have done.
free online case evaluation form to tell us about your incident or injuries today.