Patients have the right to know what risks, benefits, and alternatives exist before any medical treatment or procedure. When medical providers proceed without adequately informing the patient or parent, serious harm can result. Especially with children, where decisions are made by guardians, failure to obtain informed consent may lead to irreversible injury, unnecessary procedures, or complications that could have been prevented.
At Ligori & Ligori, Injury Lawyers, we represent families in Tampa and across Florida when medical providers fail to secure informed consent in a proper, legally required manner. With offices in Tampa, Orlando, Ocala, Lakeside, and Key West, our firm offers statewide access to skilled malpractice advocacy. Our attorneys hold the AV Preeminent® Rating from Martindale-Hubbell, are recognized by Super Lawyers and Best Lawyers, and are members of the Multi-Million Dollar Advocates Forum. These credentials reflect our ethical standards, legal skill, and commitment to protecting patient rights and safety.
Understanding Informed Consent
Informed consent means a patient or a child’s legal guardian receives clear, understandable information about:
- The proposed procedure or treatment
- The risks and possible side effects
- Reasonable alternative treatments, including the option to refuse
- What might happen if the treatment is delayed or not performed
When these elements are missing, the patient or guardian cannot make an informed decision. In Florida medical law, this failure is a form of medical malpractice if it causes injury.
Why Children Are Especially Vulnerable
Children rely on parents or guardians to make medical decisions for them. Guardians trust that medical professionals will explain the options, include parents in decision making, and ensure that risks are understood. In pediatric settings, consent must be carefully handled, documented, and explained in a manner appropriate for the urgency of the situation and the capacity of the guardian to understand. Miscommunications or failure to fully inform may result in procedures being performed without proper authorization, or risks being underestimated.
Common Situations Where Consent Fails
Some frequent examples of cases where informed consent may not have been properly obtained, include:
- Emergency procedures performed without adequate disclosure of risks or alternatives
- Surgical procedures where risks were glossed over or not described
- Use of experimental treatment, off-label drugs, or nonstandard protocols without clear explanation
- Failure to explain risks of anesthesia, including allergic reactions, respiratory compromise, or possible neurological complications
- Pediatric vaccinations or injections without full discussion of risks in cases where parents request it
- Diagnostic testing or imaging that involves radiation risk without clear explanation
- Failure to communicate post-operative or post-treatment risks such as infection, scarring, or need for additional surgery
Florida Legal Standards and Statutes
In Florida informed consent malpractice claims, plaintiffs typically must show:
- The medical provider had a duty to disclose risks
- The provider failed to disclose those risks in a way that a reasonably prudent practitioner would under similar circumstances
- The patient or guardian was not adequately informed and thus could not make a voluntary decision
- The lack of informed consent caused harm, meaning that if the patient had been informed, they would have refused or chosen a different course
Florida law includes strict deadlines for filing medical malpractice claims, with specific rules as they apply to minors. Guardians acting on behalf of children must be attentive to discovery of injury and time limits, which can begin when the harm is or should have been discovered.
Proving a Consent Claim
Evidence that can support a claim includes:
- Consent forms signed by patients or guardians, including content of those forms
- Medical records showing discussions or notes about risks, benefits, and alternatives
- Communication records such as emails, charts, or verbal documentation in hospital records
- Expert testimony from medical professionals about standard risk disclosure practices
- Comparative evidence showing what a properly informed patient would have done under similar circumstances
- Evidence of harm caused by the procedure or treatment that would not have occurred, or would have been avoided or mitigated, if proper consent had been obtained
Steps If You Suspect Lack of Consent
If you believe that medical treatment was provided without adequate informed consent, parents and patients can take the following steps to protect legal rights and health:
- Request all medical records related to the treatment or procedure, including pre-operative evaluations, consent forms, and post-treatment notes
- Write down what you were told by medical staff, what you believe was omitted or misrepresented, and any questions you had or wish you had asked
- Seek a second medical opinion if the outcome was worse than expected or complications occurred
- Keep track of any new symptoms or unexpected outcomes that may relate to risks that were not disclosed
- Document financial costs, medical follow-ups, therapies or diagnostic tests that arise after the procedure
- Do not sign release or waiver forms from hospitals or providers without consulting a malpractice attorney
- Consult with an attorney experienced in informed consent cases sooner rather than later
Potential Long-Term Consequences
Failure to obtain informed consent can lead to serious, often long-lasting consequences:
- Unanticipated side effects or complications that require additional treatment or surgery
- Physical injury, disability, or permanent impairment that could have been prevented or mitigated
- Emotional or psychological harm, especially if patients feel misled or uninformed about risks
- Loss of trust in medical care or fear of seeking future treatment
- Financial burdens from unexpected medical bills, therapies, adaptive devices, additional surgeries or ongoing medical care
Why Ligori & Ligori Is the Right Choice
Ligori & Ligori is trusted across Florida for handling informed consent cases involving children or adults. Our attorneys are AV Preeminent® Rated, recognized by Super Lawyers and Best Lawyers, and members of the Multi-Million Dollar Advocates Forum. We combine legal and medical insight with compassionate support, helping clients not only pursue financial recovery but also advocate for accountability and changes in medical practice to better protect other patients.
Contact Our Tampa Informed Consent Lawyers
If you believe that a medical provider failed to properly inform you or your child about risks, treatment alternatives, or consequences, you deserve help. Contact Ligori & Ligori, Injury Lawyers for a free consultation at our Tampa office or at any of our Florida locations in Orlando, Ocala, Lakeside, or Key West. We will review your medical records, explain your options under Florida law, and help you seek compensation and clarity.
What is informed consentIt is the legal and ethical requirement that patients or guardians receive complete information about a procedure’s risks, benefits, and alternatives before deciding to proceed. When is informed consent legally requiredConsent must be obtained before non-emergency procedures, surgeries, or any significant medical intervention. In emergency situations, the law may allow treatment if delay would risk harm, but providers still have duties afterward. What counts as failure to obtain informed consentSituations where risks were not explained, alternatives were not presented, forms were unclear, content was misleading, consent was rushed, or guardians were not in a position to understand the information. Can claims be filed years laterFlorida law imposes deadlines for malpractice claims, typically two years from when injury is discovered, or four years from the act. Minor cases may have exceptions, but early action is crucial. What compensation may be availableCompensation can include medical costs, emotional distress, corrective procedures, ongoing therapy, lost quality of life, and, where applicable, adaptive care expenses or educational services.
