As a Miami injured patient attorney, I have seen the effect that Florida’s laws have on the rights of victims of medical malpractice and their families.
Finally a judge in Escambia County got it right in a case where a cardiac patient in need of a catheterization consented to a procedure to be performed by his doctor. The problem was, another doctor performed the procedure, without obtaining a consent. The ruling is a huge victory for this patient and for many others affected by Florida Medical Consent Law. The Court found that the complete absence of a consent to a procedure does not fall under Florida’s doctor friendly Medical Malpractice law, but, rather is a battery thereby, eliminating the requirement of expert affidavits and opinions.
The Court further ruled that the hospital is also on the hook for the doctor who preforms a procedure without a consent. This is a startling good ruling for patients who are often denied the “deep pockets” of hospitals who evade liability for their doctors claiming that they are independent contractors, even when the hospital gives the doctor staff privileges.
I applaud the opinion and urge anyone considering under going a medical procedure in Florida to carefully read the consent forms. If you have undergoing a procedure without having given consent, you may be a victim of not only medical malpractice, but battery as well.
Florida’s Medical Consent Law basically prohibits any claim against a health care provider for failure to obtain an informed consent when a patient “would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure” anyway.
