Legal Question in Medical Malpractice in Florida

Medical Consent Form

I had a surgery and signed a consent form that just stated ''heart attack, infection, death and blood loss'' for complications. I believe in the state of Florida that I should have signed an ''informed'' consent form. The type of surgery I had was a hystorectomy and have been told ''bladder dysfuction'' is a common complication and most doctors put this on their consent forms, but my doctor did not and did not mention any complications prior to surgery. My bladder/nerves are now dead. Is there a law in Florida stating that I should have signed an ''informed'' consent form instead of a ''generic'' consent form?


Asked on 2/02/07, 4:15 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Medical Consent Form

There is no law that requires you to sign anything. "Informed consent" is the process of consenting to surgery after being advised of the risks. You should have been advised of the risk of bladder problems . . . . . but that does not mean that you have a case even if you were not so advised. The issue then becomes whether HAD you been properly advised you would have still had the procedure. Since you agreed to the surgery even though you knew you could die, it is hard to tell the jury that you would not have undergone the procedure if you had been told that bladder problems was a risk.

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Answered on 2/02/07, 4:35 pm


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