Florida Medical Consent Law

Part of Florida’s Medical Malpractice law addresses “Florida Medical Consent Law.” It insulates health care providers from claims based on treatment being provided without consent.

Under 766.103(3), Florida Statutes:

No recovery shall be allowed in any court in this state against any physician . . . , osteopathic physician . . . , chiropractic physician . . . , podiatric physician . . . , dentist . . . , advanced practice registered nurse . . . , or physician assistant . . . in an action brought for treating, examining, or operating on a patient without his or her informed consent when:

(a) 1. The action of [any of the above providers] in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community as that of the person treating, examining, or operating on the patient for whom the consent is obtained; and

2. A reasonable individual, from the information provided by [any of the above providers], under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians, osteopathic physicians, chiropractic physicians, podiatric physicians, or dentists in the same or similar community who perform similar treatments or procedures; or

(b) The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by [any of the above providers] in accordance with the provisions of paragraph (a).

Section 766.103(4)(a), states that a “consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent.” Further, “[a] valid signature is one which is given by a person who under all the surrounding circumstances is mentally and physically competent to give consent. § 766.103(4)(b), Fla. Stat.

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