Florida Statute 766.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.103

766.103 Florida Medical Consent Law.—

(1) This section shall be known and cited as the “Florida Medical Consent Law.”

(2) In any medical treatment activity not covered by s. 768.13, entitled the “Good Samaritan Act,” this act shall govern.

(3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, dentist licensed under chapter 466, advanced practice registered nurse licensed under s. 464.012, or physician assistant licensed under s. 458.347 or s. 459.022 in an action brought for treating, examining, or operating on a patient without his or her informed consent when:

(a)1. The action of the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in obtaining the consent of the patient or another person authorized to give consent for the patient was 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; and

2. A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial 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; or

(b) The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in accordance with the provisions of paragraph (a).

(4)(a) A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent.

(b) A valid signature is one which is given by a person who under all the surrounding circumstances is mentally and physically competent to give consent.

History.—s. 11, ch. 75-9; s. 21, ch. 85-175; s. 1150, ch. 97-102; s. 62, ch. 97-264; ss. 230, 297, ch. 98-166; s. 2, ch. 2007-176; s. 11, ch. 2016-145; s. 78, ch. 2018-106.

Note.—Former s. 768.132; s. 768.46.

F.S. 766.103 on Google Scholar

F.S. 766.103 on Casetext

Amendments to 766.103

Arrestable Offenses / Crimes under Fla. Stat. 766.103

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.103.

Annotations, Discussions, Cases:

Cases Citing Statute 766.103

Total Results: 20

MOISE LAMOUR v. MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-15T23:53:00-08:00

Snippet: JJ. PER CURIAM. Affirmed. See § 766.103(3)(a)-(b), Fla. Stat. (2014) (providing in pertinent

State of Florida, Florida Department of Health, Celeste Philip, M.D., M.P.H., in her official capacity as Surgeon General and Secretary of Health etc v. Gainesville Woman Care, LLC, d/b/a Bread and Roses Women's Health Center, and Medical Students for Choice

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-01T00:53:00-07:00

Snippet: standards of care applicable to their practices. See 766.103(3)(a)1., Fla. Stat. (defining medical consent in…care related to the presence of a foreign body), 766.103(3)(a)1. (requiring consent to be obtained in accordance…procedure; and 3) the procedure’s substantial risks. § 766.103(3)(a)1.-2., Fla. Stat. (2016). This general informed

YVONNE R. SHERRER, M.D. v. STEPHANIE HOLLINGSWORTH

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:53:00-07:00

Snippet: informed consents pursuant to sections 768.46 and/or 766.103, Florida Statutes, and therefore said allegations

In Re: Standard Jury Instructions in Civil Cases - Report No. 18-01

Court: Fla. | Date Filed: 2018-09-13T00:00:00-07:00

Citation: 253 So. 3d 531

Snippet: derived from the provisions of F.S. 766.103. c. Foreign bodies: [Negligence

Gainesville Woman Care, LLC v. State of Florida

Court: Fla. | Date Filed: 2017-02-16T00:00:00-08:00

Citation: 210 So. 3d 1243, 42 Fla. L. Weekly Supp. 183, 2017 WL 633772, 2017 Fla. LEXIS 340

Snippet: , and (3) the procedure’s substantial risks. § 766.103(3)(a)1.-2., Fla. Stat. (2016). In addition, in

In Re: Standard Jury Instructions in Civil Cases – Report No. 15-01 – Corrected Opinion

Court: Fla. | Date Filed: 2016-06-16T00:53:00-07:00

Snippet: instruction is derived from the provisions of F.S. 766.103. c. Foreign bodies: [Negligence is

Angeli v. Kluka

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-25T00:00:00-07:00

Citation: 190 So. 3d 700, 2016 WL 3001813, 2016 Fla. App. LEXIS 7900

Snippet: x27; " and potential' ' risks. § 766.103(3), Fla. Stat. (2013). ' The focus of the …the patient or another authorized - person:” § 766.103(4)(a), Fla. Stat. This subsection does not require

In Re: Standard Jury Instructions in Civil Cases - Report No. 15-01

Court: Fla. | Date Filed: 2016-04-21T00:53:00-07:00

Snippet: instruction is derived from the provisions of F.S. 766.103. c. Foreign bodies: [Negligence is

In re Standard Jury Instructions in Civil Cases-Report No. 15-01

Court: Fla. | Date Filed: 2016-04-21T00:00:00-07:00

Citation: 192 So. 3d 1183

Snippet: instruction is derived from the provisions of F.S. 766.103. c. Foreign bodies: [Negligence is the failure

Santa Lucia v. LeVine

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00

Citation: 198 So. 3d 803, 2016 Fla. App. LEXIS 3529, 2016 WL 886384

Snippet: risks, been disclosed.” Id,; see § 766.103(3)(a)(2), (3)(b) (identifying “reasonable individual

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center

Court: Fla. | Date Filed: 2014-11-06T00:00:00-08:00

Citation: 154 So. 3d 1115, 2014 WL 6463506

Snippet: Linoleum & Plastic Workers, 461 U.S. 757, 766, 103 S.Ct. 2177, 76 L.Ed.2d 298 (1983) (“If the contract

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Fla. | Date Filed: 2013-05-30T00:00:00-07:00

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: instruction is derived from the provisions of F.S. 766.103. c. Foreign bodies: [Negligence is the failure

Drew v. Tenet St. Mary's, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-03T00:00:00-07:00

Citation: 46 So. 3d 1165, 2010 Fla. App. LEXIS 16642, 2010 WL 4320406

Snippet: See § 766.012(5), Fla. Stat. (2009). . See § 766.103(3)(a)2, Fla. Stat. (2010) (Doctor must furnish

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: instruction is derived from the provisions of F.S. 766.103. c. Foreign bodies: [Negligence is the failure… the elements of the tort as specified in F.S. 766.103. When it is appropriate to charge the jury instead…procedures. NOTE ON USE FOR 402.14f Derived from F.S. 766.103(3)(b). 402.15 BURDEN OF PROOF ON DEFENSE ISSUES

Jaylene, Inc. v. Steuer Ex Rel. Paradise

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-13T00:00:00-08:00

Citation: 22 So. 3d 711, 2009 Fla. App. LEXIS 16884, 2009 WL 3787239

Snippet: Grace & Co. v. Rubber Workers, 461 U.S. 757, 766, 103 S.Ct. 2177, 76 L.Ed.2d 298 (1983); Hurd v. Hodge

State v. Presidential Women's Center

Court: Fla. | Date Filed: 2006-04-06T00:53:00-07:00

Citation: 937 So. 2d 114

Snippet: medical informed consent generally in section 766.103 of the Florida Statutes.[2] Moreover, the Florida…390.0111(3)(a)(1), Fla. Stat. (2005). [2] Section 766.103, Florida Statutes, provides, in pertinent part:…accordance with the provisions of paragraph (a). § 766.103(3), Fla. Stat. (2005). [3] See Maggio v. Fla.

State v. Presidential Women's Center

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-13T00:53:00-07:00

Citation: 884 So. 2d 526

Snippet: ;s Center, 707 So.2d at 1150; see also Section 766.103, Fla. Stat.; 20. Under Florida's Medical Consent…similar treatments or procedures." Section 766.103(3)(a)(2), Fla. Stat.; 21. The Amended Statute contains…similar treatments or procedures." Section 766.103(3)(a)(2), Fla. Stat. "By changing informed

Gouveia v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-31T00:00:00-07:00

Citation: 823 So. 2d 215

Snippet: temporarily and circumstantially incompetent. [4] See § 766.103(4)(b), Fla. Stat. (2000) ("A valid signature…include the removal of his fingers. [9] See § 766.103(3)(a)(2), Fla. Stat. (2000) ("A reasonable…With all respect, we do not understand section 766.103(3) to contain any such requirement to resolve a…memoranda, as well as in appellate briefs. [12] See § 766.103(3)(a)(1) ("The action of the physician ...

Cedars Medical Center, Inc. v. Ravelo

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-16T00:00:00-07:00

Citation: 738 So. 2d 362

Snippet: current version of the law is codified in section 766.103, Florida Statutes (1997). Hospitals have never …reason for this legislative restriction in section 766.103 is that only a treating physician has the training…1975), without amendment, to the present Section 766.103. 97-3197, 97-3071 District Court of

State v. Presidential Women's Center

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-15T00:53:00-07:00

Citation: 707 So. 2d 1145

Snippet: physicians performing abortions could rely on section 766.103, the Florida Medical Consent Law, which essentially… Cunningham, 493 So.2d 999 (Fla.1986). Section 766.103 provides, among other things, that consent is &…the same or similar medical community." § 766.103(3)(a)1. It also requires that the physician give…perform similar treatments or procedures." § 766.103(3)(a)2. The new abortion consent law contains neither…physicians in the general informed consent law, section 766.103, but also in the specialized informed consent law