Many Florida patients are surprised to learn they may still have a valid medical malpractice claim—even after signing a medical consent form. Hospitals and doctors often point to consent paperwork as a defense, but under Florida law, a signed consent form does not automatically eliminate your right to sue.
If you or a loved one suffered serious harm during medical treatment, understanding how consent works—and its limits—can make the difference between walking away and holding negligent providers accountable.
What Is a Medical Consent Form?
A medical consent form is a document patients are asked to sign before undergoing treatment, surgery, or procedures. It generally states that:
-
The patient understands the proposed treatment
-
Certain risks and complications were discussed
-
The patient voluntarily agrees to proceed
In Florida, consent forms are commonly used for:
-
Surgeries and invasive procedures
-
IV therapy and contrast injections
-
Anesthesia
-
Diagnostic tests with known risks
However, consent is not a blanket waiver of your legal rights.
Signing a Consent Form Does Not Mean You Accepted Negligence
Florida law draws a critical distinction between:
-
Known risks of a procedure, and
-
Medical negligence or substandard care
You may have consented to risks, but you did not consent to:
-
Care that falls below the accepted medical standard
-
Preventable mistakes
-
Poor monitoring or follow-up
-
Failure to respond to complications
In other words, doctors and hospitals cannot use a consent form to excuse negligence.
When You Can Sue Even After Signing a Consent Form
You may still have a valid Florida medical malpractice claim if any of the following occurred:
1. The Doctor Failed to Meet the Standard of Care
Consent does not protect providers who:
-
Perform procedures incorrectly
-
Ignore warning signs of complications
-
Delay treatment when intervention is required
-
Use improper techniques or equipment
Example: A patient signs consent for IV therapy, but staff fail to monitor the IV site, resulting in severe infiltration or tissue damage.
2. You Were Not Properly Informed of Material Risks
Florida law requires informed consent, not just a signature.
You may have a claim if:
-
Serious risks were minimized or not disclosed
-
Alternatives were not explained
-
You were rushed or pressured into signing
-
Medical jargon prevented real understanding
A signature alone does not prove you were adequately informed.
3. The Procedure Performed Was Not the One You Consented To
If a provider:
-
Performed a different procedure
-
Operated on the wrong site
-
Exceeded the scope of consent without an emergency
This may support a malpractice—or even battery—claim under Florida law.
4. Negligence Occurred After the Procedure
Consent applies to the procedure itself, not what happens afterward.
Post-procedure negligence may include:
-
Failure to monitor vital signs
-
Ignoring patient complaints
-
Delayed diagnosis of complications
-
Inadequate nursing care
Many malpractice cases arise after consented treatment, not during it.
5. The Consent Was Not Voluntary or Valid
Consent may be invalid if:
-
The patient was sedated, confused, or in severe pain
-
A language barrier existed without proper translation
-
The patient lacked legal capacity
-
Consent was obtained under pressure or coercion
Invalid consent provides little legal protection to providers.
What Florida Law Says About Consent and Malpractice
Under Florida medical malpractice law, consent is one factor, not a shield.
Courts focus on:
-
Whether care met professional standards
-
Whether risks were properly disclosed
-
Whether the injury was avoidable with reasonable care
Even when a risk is disclosed, negligent execution of treatment is still actionable.
Common Situations Where Consent Forms Are Misused as a Defense
Hospitals and insurers often cite consent forms in cases involving:
-
Surgical complications
-
IV infiltration or extravasation injuries
-
Anesthesia errors
-
Diagnostic testing injuries
-
Post-operative infections
In many cases, the real issue is not the risk—but how providers responded once problems began.
What to Do If You Were Injured After Signing a Consent Form
If you believe medical negligence occurred:
-
Request complete medical records immediately
-
Document symptoms, timelines, and conversations
-
Do not rely on what the hospital tells you
-
Consult a Florida medical malpractice attorney promptly
Florida malpractice cases have strict deadlines and pre-suit requirements, making early review critical.
Bottom Line: Consent Does Not Cancel Accountability
Signing a medical consent form in Florida does not mean you gave up your right to safe, competent care. When doctors, nurses, or hospitals deviate from accepted standards—or fail to respond appropriately to complications—you may still have a valid claim.
If something feels wrong, it’s worth getting answers.
Need Help Evaluating a Florida Medical Malpractice Claim?
A qualified Florida medical malpractice attorney can review:
-
Consent documents
-
Medical records
-
Provider conduct
-
Whether negligence—not just risk—caused the injury
An experienced review can clarify whether your injury was an unfortunate complication—or a preventable mistake.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
