If Surgery did not have Benefits, can it be a Lack of Informed Consent Claim?

Question:

One court held that this procedure does not have benefits and the judge criticized it. I got hurt by the procedure. Can such opinion be used to prove either lack of benefits or perhaps unnecessary surgery? Or in what way that decision may be helpful in a lack of informed consent claim?

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Answer:

In order for a claim for lack of informed consent to stand a claimant must plead and prove in Florida that he or she was not advised of the risks and benefits of the procedure and that had he or she been properly informed that the claimant would not have moved forward with the procedure and most importantly there must be damages that were caused by the procedure of sufficient damages that the expense of expert witnesses and the expenses of litigation can be paid from the recovery with enough left over to compensate the injured victim.  A bad outcome or the absence of expected benefits does not mean that you were not properly informed.  One thing that is universally given in nearly every procedure is a consent form.  Get a copy of your consent form.  If you signed it – you have agreed that you were informed of the content of the form itself, informed consent cases are very, very difficult to prove.

This legal question was provided by Avvo and answered by Betsey Herd an experienced Tampa Medical Malpractice Attorney.  This does not consent an attorney client relationship.