What to do when a Florida doctor performs a surgical procedure that differs from the one the patient consented to?
Largo, FL—When a patient consents to surgery, the doctor rendering care is expected to perform the procedure agreed upon. Prior to surgery, a doctor should also take time to explain to a patient the potential complications that might arise so they are able to make an informed decision as to whether they want to go through with it or not.
If a doctor were to perform a procedure without first obtaining a patient’s consent and the patient suffered an adverse effect, the doctor could be sued for medical malpractice. However, if, while performing a surgical procedure, a doctor discovered an issue that was life-threatening to the patient, they could try and correct the problem if it posed an immediate threat.
It is only when an issue poses an immediate threat that a doctor can correct it while already performing a surgical procedure.
Under any other circumstance, a doctor could potentially be sued for negligence and be required to pay a patient damages.
When a Florida Doctor Performs a Surgical Procedure Without First Obtaining Patient Consent
In the event a doctor performed a surgical procedure that their patient did not consent to, and complications arose, the patient should contact a Largo, FL medical malpractice attorney to find out if they have a viable case. In the event the doctor should not have performed the procedure but did anyway, then a lawyer will determine who can be sued and for how much.
If the doctor was working for a hospital at the time he/she performed the surgery, then the hospital may be liable for providing the patient with financial relief. However, if the doctor was not employed by the hospital, then a lawsuit may be brought against him/her.
What is needed to file a medical malpractice lawsuit in Florida?
When a patient suffered adverse effects as a result of a surgical procedure they did not consent to, they can usually file suit if1:
- The patient can show a “professional duty [was] owed to the patient.”
- The doctor breached that duty.
- The patient suffered injuries as a result.
- The injuries warrant compensation.
To learn more about Florida’s medical malpractice laws and how they can be used to help an injured patient seek justice for an error their doctor made contact Trevena | James, Attorneys At Law. The medical malpractice lawyers at Trevena | James, Attorneys At Law offer free initial consultations to prospective clients and can be reached at 727-581-5813.
With its office based in Largo Florida, Trevena | James, Attorneys At Law primarily practices in Pinellas, Hillsborough, and Pasco County, and throughout the state of Florida.
Trevena | James, Attorneys At Law is located at:
801 W Bay Drive, Suite 509
Largo, FL 33770
Phone: 727-581-5813
Website: www.trevenajames.com
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