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Signing a consent form does not automatically mean a complete waiver of your rights. Although the form signifies that you have received information about the risks and benefits associated with a medical procedure or treatment, it usually does not release healthcare providers from the obligation to uphold a specific standard of care.
While the form states the patient's agreement to undergo a specified medical procedure, it typically does not release healthcare providers from their obligation to deliver care under a defined standard.
In instances where the healthcare provider falls short of this standard, resulting in harm to the patient, the patient may still have the right to seek legal remedies, particularly in cases when during the consent process the following elements occurred:
In short, a medical consent form is a tool to ensure that patients are adequately informed about their medical care and provides comprehensive information on the intervention, including risks and alternatives. By signing, the patient affirms understanding and willingly agrees to the procedure. As previously stated, it does not automatically relinquish all rights, and healthcare providers should not be exempted from their responsibility to uphold a specific standard of care.
Most patients sign consent forms without even reading them, and many doctors don’t explain to patients the risks of the procedure or treatment, the consequences that may arise, or the alternatives. Under Florida law, a doctor must make sure that the patient understands the procedure or the treatment and explains the reasons, benefits, and potential risks.
Florida’s informed consent law requires that the patient is informed of the following:
When a patient fully understands the nature of a procedure, its risks and alternatives, and consents to it, the informed consent process is complete. This means the patient’s legal right to be thoroughly informed about the treatment and its risks has been fulfilled. However, the document is inconclusive if the doctor fails to provide accurate information, even if the patient signs the consent form. In such cases, the patient may still have grounds to sue the responsible parties if they were harmed after signing an informed consent waiver.
Florida law has a specific provision for cases where a patient files a lawsuit against a doctor for failure to obtain informed consent. The law states that even if a jury determines that the doctor did not provide the patient with all the necessary information, they should still rule in favor of the doctor if there’s reason to believe that the patient would have consented anyway if all information had been given. This provision underscores the importance of the patient's consent in the informed consent process.