Florida/Georgia Personal Injury & Workers Compensation

...trong opinion. In any event, the issue is apparently irrelevant if the defendant was unconscious and in need of immediate emergency treatment. In such circumstances, consent would be implied on the independent basis of Florida's Medical Consent Law. § 766.103, Fla....

...ed treatment or procedure which are recognized by other [physicians] [health care providers] in the same or a similar community who perform similar treatments or procedures. NOTE ON USE FOR 402.4b This instruction is derived from the provisions of F.S. 766.103....

...nction with instruction 402.11c, defining negligence in these circumstances, and instruction 402.7, defining legal cause in terms appropriate to these cases. Together these three instructions contain all of the elements of the tort as specified in F.S. 766.103....

...isks and hazards inherent in the proposed treatment or procedure which are recognized by other [physicians] [health care providers] in the same or similar community who perform similar treatments or procedures. NOTE ON USE FOR 402.14f Derived from F.S. 766.103(3)(b)....

...nt to medical practitioners. Florida's Medical Consent Law, first enacted in 1975, lists the persons against whom there can be recovery for the failure to secure informed consent for a medical procedure. The current version of the law is codified in section 766.103, Florida Statutes (1997). Hospitals have never been and are not included in this listing. The reason for this legislative restriction in section 766.103 is that only a treating physician has the training, experience, skill and background facts regarding the patient's condition to obtain from the patient an "informed" decision on whether any particular medical procedure should be performed....

...Doctors Hosp. of Lake Worth, Inc., 415 So.2d 55 (Fla. 4th DCA 1982), are inapplicable here. [2] The former Section 768.46(3) was transferred from its original statutory placement in Chapter 768, Florida Statutes (1975), without amendment, to the present Section 766.103.

...of medical practice among members of the medical profession” and provide information conveying three things: (1) the nature of the procedure, (2) the medically acceptable alternatives to the procedure, and (3) the procedure’s substantial risks. § 766.103(3)(a)1.-2., Fla....

...ly when matters as important as those raised by health care are at stake. In re Guardianship of Browning, 568 So.2d 4, 10 (Fla.1990) (citations omitted). The State of Florida has further codified the doctrine of medical informed consent generally in section 766.103 of the Florida Statutes....

...minate a pregnancy. b. The probable gestational age of the fetus at the time the termination of pregnancy is to be performed. c. The medical risks to the woman and fetus of carrying the pregnancy to term. § 390.0111(3)(a)(1), Fla. Stat. (2005). [2] Section 766.103, Florida Statutes, provides, in pertinent part: No recovery shall be allowed in any court in this state against any physician ......

...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 ... in accordance with the provisions of paragraph (a). § 766.103(3), Fla....

...Dep't of Health, 497 U.S. 261, 269, 110 S.Ct. 2841, 111 L.Ed.2d 224 (1990). The state common law of informed consent is often fortified by statute. Florida's medical consent law, for example, applies to the patient/treating doctor relationship. Fla. Stat. § 766.103....

...s mother on the subject of consent to the surgery. No one has raised an issue as to what authority a parent might have to consent to surgery for an emancipated, unmarried, adult child who appears temporarily and circumstantially incompetent. [4] See § 766.103(4)(b), Fla....

...In the case we face today, the argument is similarly that plaintiff did not require an expert opinion to show that in spite of surgeon's assertions, he was never told of the possibility of an amputation and thus that any consent he gave to surgery did not include the removal of his fingers. [9] See § 766.103(3)(a)(2), Fla....

...[10] At trial defense counsel argued that expert testimony from a physician—rather than a nurse—was necessary as to the "standard within the medical community" for adding notations to consent forms after the patient has already signed them. With all respect, we do not understand section 766.103(3) to contain any such requirement to resolve a dispute as to whether certain handwriting was already on a form when the patient signed it, or whether the patient was previously advised by the physician as to its content before it was added later....

...[11] In fact all of plaintiff's counsel in this case repeatedly use "informed consent" to refer to the issue whether plaintiff ever consented at all to surgical amputation. It is so used in pretrial motions and memoranda, as well as in appellate briefs. [12] See § 766.103(3)(a)(1) ("The action of the physician ......

...ten informed consent of the pregnant woman, or in the case of a mental incompetent, the written consent of her court-appointed guardian. The prior statute did not define informed consent, and accordingly physicians performing abortions could rely on section 766.103, the Florida Medical Consent Law, which essentially codifies the common law on informed consent. Parikh v. Cunningham, 493 So.2d 999 (Fla.1986). Section 766.103 provides, among other things, that consent is "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." § 766.103(3)(a)1....

...It also requires that the physician give the patient information that a reasonable individual would want "under the circumstances ... recognized among other physicians ... in the same or similar community who perform similar treatments or procedures." § 766.103(3)(a)2....

...It thus appears that the statute standardizes the information being given to all women and removes the discretion accorded physicians in all circumstances other than abortion. That this was the legislature's intent is supported not only by the discretion specifically allowed physicians in the general informed consent law, section 766.103, but also in the specialized informed consent law for women with breast cancer, in which it is provided that the physician must "take into consideration the emotional state of the patient, the physical state of the patient, and the patient's ability to understand the information." § 458.324(2)(a)(3)(b), Fla....

...Florida has a body of common law on informed consent which has essentially been codified in section 766.102, Florida Statutes (1995). Parikh, 493 So.2d at 999. There are also specialized informed consent statutes requiring more specific information, such as section 766.103 for women with breast cancer....

...We note that other statutes providing for informed consent in specific cases do not require the physician performing the procedure to "orally, in person" inform the patient. See, e.g., § 458.324, Fla. Stat. (breast cancer). Nor does the general informed consent statute. See § 766.103, Fla....

...requires the physician to tailor the information given to the patient to the circumstances of that patient and to comport with the standard of conduct within the medical community in doing so. Presidential Women's Center, 707 So.2d at 1150; see also Section 766.103, Fla....

...under the circumstances, [to] have a general understanding of ... the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians ... in the same or similar community who perform similar treatments or procedures." Section 766.103(3)(a)(2), Fla....

...under the circumstances, [to] have a general understanding of... the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians ... in the same or similar community who perform similar treatments or procedures." Section 766.103(3)(a)(2), Fla....

...eatment or procedure which are recognized by other [physicians] [health care providers] in the same or a similar community who *604 perform similar treatments or procedures. NOTE ON USE FOR 402.4b This instruction is derived from the provisions of F.S. 766.103....

...It is not enough for the plaintiff to testify that he would not have consented had a specific, material disclosure been made; he must present evidence "that a reasonably prudent person would not have consented to the procedure had the material risks been disclosed." Id.; see § 766.103(3)(a)(2), (3)(b) (identifying "reasonable individual" and reasonable patient as the standard for informed consent issues); Cox, 71 So....

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

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

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

...is in accord with accepted medical standard’s and practice and' if the information 'conveyed by the provider would give a reasonable person an appropriate' general understanding of the procedure, potential alternatives,' " and potential' ' risks. § 766.103(3), Fla....

...nsent.' Nevertheless, the statute in relevant part defines a presumptively valid consent as one “which is evidenced in- writing and meets'the requirements of' subsection (3) [and] is validly signed by the patient or another authorized - person:” § 766.103(4)(a), Fla....

...re providers] in the same or a similar community who perform similar treatments or procedures. NOTE ON USE FOR 402.4b -6-  This instruction is derived from the provisions of F.S. 766.103. c....

...Shad's decision to use a cannulating sphincterotome, as opposed to a diagnostic sphincterotome, and the method in which the ERCP was performed, fell within the standard of care. D. Informed Consent Florida's Medical Consent Law governs the informed consent issues in this case. Section 766.103(3)(a), Florida Statutes (2002), provides, in pertinent part: No recovery shall be allowed in any court ....

...Shad obtained a valid informed consent because he sufficiently identified and explained the viable medical options, and Mr. Jackson signed a valid consent form that explained the attendant risks. Even assuming Dr. Shad did not meet the statutory requirements delineated in § 766.103(3)(a), Florida statutes (2002), which I find he did, I further find that Mr. Jackson "would reasonably, under all the surrounding circumstances, have undergone [the ERCP] had he . . . been advised by [Dr. Shad] in accordance with . . . paragraph (a)." Fla. Stat. § 766.103(3)(b); Gassman v....

...d recognizing that if a court finds that there was no valid consent given pursuant to subsection 3(a), the alleged tortfeasor may find a shelter from liability under subsection 3(b)), aff'd 768 F.2d 1263 (11th Cir.1985). Subsections 3(a) and 3(b) of § 766.103(3) are written in the disjunctive; therefore, if the evidence shows that Dr....

...[58] A Whipple Procedure is a massive cancer operation which involves the removal of the head of the patient's pancreas, forty percent of the stomach, the gall bladder, the common duct, and the duodenum. [59] While Florida law provides a rebuttable presumption in favor of informed consent in certain situations, Fla. Stat. § 766.103(4), Parikh v....

...urnell (Fort Lauderdale), for appellant. Wicker Smith O'Hara McCoy & Ford, P.A., and Leslie A. McCormick and Jessica L. Gross and Brandon J. Hechtman, for appellees. Before EMAS, HENDON and BOKOR, JJ. PER CURIAM.  Affirmed. See § 766.103(3)(a)-(b), Fla....

...conflicts with the State’s medical and mental health evidence. Nor does this court have a basis on its own to discount the declarations of the State’s medical and mental health experts addressing the standards of care applicable to their practices. See 766.103(3)(a)1., Fla....

...Laws incorporating accepted medical practice standards are no novelty. See, e.g., §§ 766.102(1) & (3) (establishing the prevailing professional standard of care as the key issue in medical malpractice actions), 766.102(3)(b) (memorializing the standard of care related to the presence of a foreign body), 766.103(3)(a)1. (requiring consent to be obtained in accordance with the “accepted standard of medical practice”), 945.6034(2) (requiring compliance with “the standard of care generally accepted in the professional health community” in the corrections context); ch....

...“accepted standard of medical practice among members of the medical profession” and provide the patient with information conveying three things: 1) the nature of the procedure; 2) the medically acceptable alternatives to the procedure; and 3) the procedure’s substantial risks. § 766.103(3)(a)1.-2., Fla....

...re providers] in the same or a similar community who perform similar treatments or procedures. NOTE ON USE FOR 402.4b -6-  This instruction is derived from the provisions of F.S. 766.103. c....

...ed treatment or procedure which are recognized by other [physicians] [health care providers] in the same or a similar community who perform similar treatments or procedures. NOTE QN USE FOR 402.4b This instruction is derived from the provisions of F.S. 766.103....