How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2940
Experience:  personal injury and medical malpractice attorney
84496330
Type Your Personal Injury Law Question Here...
Christopher B, Esq is online now
A new question is answered every 9 seconds

Can a doctor do a procedure against the patient consent? When

Customer Question

Can a doctor do a procedure against the patient consent? When the patient asked to cancel, got hold down, and doctor did procedure without anesthesia, causing patient to have pain for days, the test was a myelogram.
Please help me
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. This is not OK, this is an elective procedure and according to the following language: (see end f answer for complete Florida statute on informed consent) 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, you would have to rebut (which basically means prove) the assumption that you accepted the procedure by signing the consent. If it was documented in the medical records in anyway or if a nurse or other person in the room will validate your claim that you withdrew consent, this would be a slam dunk case. If you do not have this it might be tough as the burden will be on you to prove that the consent was withdrawn. Another difficult hurdle would be to prove damages. You would have to have some sort of expert testimony or documentation of the pain or any other damages that occurred because of this procedure. Punitive damages could come into play as if you prove this behavior it is something that make is very over the top as they were holding you down, but punitives are always very tough to prove. I would gather the medical records and any other evidence and retain a medical malpractice attorney to ascertain your claim. 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 physic***** *****censed under chapter 458, osteopathic physic***** *****censed under chapter 459, chiropractic physic***** *****censed under chapter 460, podiatric physic***** *****censed under chapter 461, dentist licensed under chapter 466, advanced registered nurse practitioner certified 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 registered nurse practitioner, 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; and2. A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced registered nurse practitioner, 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 registered nurse practitioner, 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. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.