Practice of Medicine

Article

Informed Consent-State of Florida

By John W. Bocchino, Esq.

May 13, 2015

Informed Consent is a process that leads to shared decision making between the patient and the provider. The form signed by the patient serves as confirmation that the process has taken place. Often, a procedure-specific form is better because it explains the risks and benefits discussed for the proposed treatment more clearly than a general one.

Except as otherwise provided, Florida Medical Consent Law, 766.103, requires any person undergoing procedures and treatment shall be informed in general terms of the following:

  1. A general understanding of the procedure;
  2. Medically acceptable alternative procedures or treatments;
  3. 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;
  4. 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;

Consent is considered valid when evidenced in writing, signed by the patient or another authorized person and meets the requirements as noted above.[1]

Although we think of informed consent in the context of procedures, equal consideration should be given to any treatment recommendation that carries high severity or high frequency risks, also known as “material risks”.  Material risks include those that have a high severity or a high frequency.

 

Author: John W. Bocchino, Esq. is a partner in the firm of Beytin, McLaughlin, McLaughlin,

O’Hara, Bocchino & Bolin, P.A., Orlando, Florida 32801

 

Disclaimer: Disclaimer This Advisory is not a comprehensive analysis of every treatment or procedure that may be addressed in the Florida Informed Consent law. Please consult with your personal attorney or the Florida State Medical Board, if you have specific questions.

  [1] Florida Medical Consent Law.  The 2014 Florida Statutes.  Title XLV. Chapter 766.103

 

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