Medical Malpractice from Lack of Informed ConsentTampa Bay Legal News
It is important that you fully understand the medical decisions you make after seeing your doctor. There are always going to be pros and cons that come with medical procedures, and depending on your specific health circumstances, certain procedures could be riskier for you than for someone else. Still, if your doctor believes that the benefits could potentially outweigh the risks, they are likely going to present you with your options and advise you on what they believe is the best decision to make. Ultimately, though, the choice is yours.
Informed consent is when you are briefed on medical intervention and understand what you are being told when you make a determination, and this is necessary for most medical situations. If medical treatment is administered without informed consent, and you are harmed during the treatment, you may have a case to file a medical malpractice claim. In Florida, victims of medical malpractice can respond by filing a medical malpractice claim for financial compensation for their losses.
Lack of Informed Consent Can Be Medical Malpractice
There are some situations where informed consent is not necessary. For example, children are not able to give informed consent because they lack the ability to take in complex information and make sound decisions with respect to their own health. This is why parents make decisions for their children. Another example would be when a person is in need of necessary and rapid emergency medical treatment. In this situation, a medical doctor or team must administer the treatment they believe at the time will help the person overcome their emergency. Another example where informed consent may not apply would be to routine medical care like X-rays.
However, when medical treatment outside of normal medical tests or the aforementioned actions is in question, the patient must know how the treatment can benefit them, but they also must understand the potential risks associated with the procedure. It is important to realize that no doctor should ever push treatment on a patient or take advantage of a situation where a patient is under duress and unable to reasonably make logical decisions for themselves.
For a patient that suffers injuries or dies from a medical treatment where informed consent should have taken place but didn’t, then it is likely that a medical malpractice claim can be pursued. There can be several damages included in such a claim including the cost of medical treatment, pain and suffering, missed wages from work, and potentially more. A knowledgeable medical malpractice attorney will be able to evaluate a medical malpractice situation and determine its value.
Speak with a Florida Medical Malpractice Attorney Today
Medical malpractice claims can be especially challenging and complicated to build and litigate. However, these claims have the potential to come with large cash awards. Working with an experienced Tampa medical malpractice attorney at Fulgencio Law can be greatly advantageous for the outcome of your case. To schedule a free consultation with a seasoned legal professional at Fulgencio Law, please call (813) 463-0123.