Florida Handbook: Informed Consent

Must the patient sign a consent form for every treatment or procedure?

Under the Florida Medical Consent Law, informed consent is required for any medical treatment or procedure not covered under the Florida Good Samaritan Act (discussed further in the section on Emergency Management). While a consent form is not required under Florida law, it is highly advised, particularly for surgeries and any procedures that carry a high frequency of material risks. The signed consent form will not only serve as evidence of consent, but under Florida law, a validly signed consent form creates a rebuttable presumption of valid consent.

It is important to note that informed consent is not simply the act of having a patient sign a consent form. Rather,…