Florida Statute 766.103 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 766.103

Annotations, Discussions, Cases:

Cases Citing Statute 766.103

Total Results: 23

Robertson v. State

604 So. 2d 783, 1992 WL 163957

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686306

Cited 45 times | Published

independent basis of Florida's Medical Consent Law. § 766.103, Fla. Stat. (1989). [9] This portion of the statute

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

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

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

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

Gainesville Woman Care, LLC v. State of Florida

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

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586141

Cited 12 times | Published

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

Gainesville Woman Care, LLC v. State of Florida

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

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586141

Cited 12 times | Published

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

State v. Presidential Women's Center

937 So. 2d 114, 31 Fla. L. Weekly Supp. 210, 2006 Fla. LEXIS 555, 2006 WL 870497

Supreme Court of Florida | Filed: Apr 6, 2006 | Docket: 1513130

Cited 12 times | Published

doctrine of medical informed consent generally in section 766.103 of the Florida Statutes.[2] Moreover, the Florida

Cedars Medical Center, Inc. v. Ravelo

738 So. 2d 362, 1999 WL 391589

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1502805

Cited 12 times | Published

current version of the law is codified in section 766.103, Florida Statutes (1997). Hospitals have never

Greenberg v. MIAMI CHILDREN'S HOSPITAL RES. INST., INC.

264 F. Supp. 2d 1064

District Court, S.D. Florida | Filed: May 29, 2003 | Docket: 2374082

Cited 7 times | Published

patient/treating doctor relationship. Fla. Stat. § 766.103. The question of informed consent in the context

Greenberg v. MIAMI CHILDREN'S HOSPITAL RES. INST., INC.

264 F. Supp. 2d 1064

District Court, S.D. Florida | Filed: May 29, 2003 | Docket: 2374082

Cited 7 times | Published

patient/treating doctor relationship. Fla. Stat. § 766.103. The question of informed consent in the context

Gouveia v. Phillips

823 So. 2d 215, 2002 WL 1759780

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 458791

Cited 6 times | Published

temporarily and circumstantially incompetent. [4] See § 766.103(4)(b), Fla. Stat. (2000) ("A valid signature is

State v. Presidential Women's Center

707 So. 2d 1145, 1998 WL 64072

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1259716

Cited 6 times | Published

physicians performing abortions could rely on section 766.103, the Florida Medical Consent Law, which essentially

Santa Lucia v. LeVine

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

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044947

Cited 1 times | Published

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

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

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

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

State v. Presidential Women's Center

884 So. 2d 526, 2004 WL 2290364

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 1683197

Cited 1 times | Published

Women's Center, 707 So.2d at 1150; see also Section 766.103, Fla. Stat.; 20. Under Florida's Medical Consent

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

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008215

Published

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

District Court of Appeal of Florida | Filed: Aug 1, 2019 | Docket: 16001038

Published

procedure; and 3) the procedure’s substantial risks. § 766.103(3)(a)1.-2., Fla. Stat. (2016). This general informed

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

253 So. 3d 531

Supreme Court of Florida | Filed: Sep 13, 2018 | Docket: 7870947

Published

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

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

Supreme Court of Florida | Filed: Jun 16, 2016 | Docket: 3079196

Published

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

Angeli v. Kluka

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

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60254953

Published

potential alternatives,' " and potential' ' risks. § 766.103(3), Fla. Stat. (2013). ' The focus of the medical

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

192 So. 3d 1183, 2016 WL 1592719

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056549

Published

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

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

192 So. 3d 1183

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 60294148

Published

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.

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

District Court of Appeal of Florida | Filed: Nov 3, 2010 | Docket: 60296145

Published

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

Jackson v. United States

469 F. Supp. 2d 1068, 2006 U.S. Dist. LEXIS 3704, 2006 WL 229514

District Court, M.D. Florida | Filed: Jan 31, 2006 | Docket: 2364321

Published

the informed consent issues in this case. Section 766.103(3)(a), Florida Statutes (2002), provides, in

Greenberg v. Miami Children's Hospital Research Institute, Inc.

264 F. Supp. 2d 1064, 121 A.L.R. 5th 687, 2003 U.S. Dist. LEXIS 8959, 2003 WL 21246347

District Court, S.D. Florida | Filed: May 29, 2003 | Docket: 65968334

Published

patient/treating doctor relationship. Fla. Stat. § 766.103. The question of informed consent in the context