The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.103

766.103 Florida Medical Consent Law.—

(1) This section shall be known and cited as the “Florida Medical Consent Law.”

(2) In any medical treatment activity not covered by s. 768.13, entitled the “Good Samaritan Act,” this act shall govern.

(3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, dentist licensed under chapter 466, advanced practice registered nurse licensed under s. 464.012, or physician assistant licensed under s. 458.347 or s. 459.022 in an action brought for treating, examining, or operating on a patient without his or her informed consent when:

(a)1. The action of the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community as that of the person treating, examining, or operating on the patient for whom the consent is obtained; and

2. A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians, osteopathic physicians, chiropractic physicians, podiatric physicians, or dentists in the same or similar community who perform similar treatments or procedures; or

(b) The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in accordance with the provisions of paragraph (a).

(4)(a) A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent.

(b) A valid signature is one which is given by a person who under all the surrounding circumstances is mentally and physically competent to give consent.

History.—s. 11, ch. 75-9; s. 21, ch. 85-175; s. 1150, ch. 97-102; s. 62, ch. 97-264; ss. 230, 297, ch. 98-166; s. 2, ch. 2007-176; s. 11, ch. 2016-145; s. 78, ch. 2018-106.

Note.—Former s. 768.132; s. 768.46.

F.S. 766.103 on Google Scholar

F.S. 766.103 on Casetext

Amendments to 766.103

Arrestable Offenses / Crimes under Fla. Stat. 766.103

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.103.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. SHERRER, M. D. v. HOLLINGSWORTH,, 274 So. 3d 407 (Fla. App. Ct. 2019)

. . . doctor asserted that the patient properly executed informed consents pursuant to sections 768.46 and/or 766.103 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CIVIL CASES REPORT NO., 253 So. 3d 531 (Fla. 2018)

. . . NOTE ON USE FOR 402.4b This instruction is derived from the provisions ofF.S. 766.103. c. . . .

O. BEAN, v. PERDUE,, 316 F. Supp. 3d 220 (D.D.C. 2018)

. . . . § 766.103(b) ; see Def.'s Mot. Ex. 3 ("FSA-2525"). . . . See, e.g. , 7 C.F.R. §§ 766.101(b), 766.103(b)(2), 780. . . .

GAINESVILLE WOMAN CARE, LLC, v. STATE, 210 So. 3d 1243 (Fla. 2017)

. . . . § 766.103(3)(a)1.-2., Fla. Stat. (2016). . . .

PORTER, v. GOVERNOR OF THE STATE OF FLORIDA,, 667 F. App'x 766 (11th Cir. 2016)

. . . disclosure or use of confidential criminal justice information, a criminal statute; (4) Florida Statute § 766.103 . . .

S. ANGELI, S. I. a v. A. KLUKA, M. D. d b a s, 190 So. 3d 700 (Fla. Dist. Ct. App. 2016)

. . . . § 766.103(3), Fla. . . . requirements of' subsection (3) [and] is validly signed by the patient or another authorized - person:” § 766.103 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 192 So. 3d 1183 (Fla. 2016)

. . . NOTE QN USE FOR 402.4b This instruction is derived from the provisions of F.S. 766.103. c. . . .

C. SANTA LUCIA, Ph. D. v. M. LeVINE, M. D. P. A. W. M. D. R. M. D. To- P. A., 198 So. 3d 803 (Fla. Dist. Ct. App. 2016)

. . . Id,; see § 766.103(3)(a)(2), (3)(b) (identifying “reasonable individual” and reasonable Ratient as the . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASE- REPORT NO., 130 So. 3d 596 (Fla. 2013)

. . . NOTE ON USE FOR 402.4b This instruction is derived from the provisions of F.S. 766.103. c. . . .

DREW, v. TENET ST. MARY S, INC. d b a St. s, 46 So. 3d 1165 (Fla. Dist. Ct. App. 2010)

. . . See § 766.103(3)(a)2, Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . NOTE ON USE FOR 402.4b This instruction is derived from the provisions of F.S. 766.103. c. . . . Together these three instructions contain all of the elements of the tort as specified in F.S. 766.103 . . . NOTE ON USE FOR 402.14Í Derived from F.S. 766.103(3)(b). 402.15 BURDEN OF PROOF ON DEFENSE ISSUES If . . .

WOLICKI- GABLES, v. ARROW INTERNATIONAL, INC., 641 F. Supp. 2d 1270 (M.D. Fla. 2009)

. . . The Court further notes that liability under the Florida Medical Consent Law, 766.103, Fla. . . .

STATE v. PRESIDENTIAL WOMEN S CENTER,, 937 So. 2d 114 (Fla. 2006)

. . . State of Florida has further codified the doctrine of medical informed consent generally in section 766.103 . . . Section 766.103, Florida Statutes, provides, in pertinent part: No recovery shall be allowed in any court . . . had he or she been advised by the physician ... in accordance with the provisions of paragraph (a). § 766.103 . . .

E. JACKSON, v. UNITED STATES, 469 F. Supp. 2d 1068 (M.D. Fla. 2006)

. . . Section 766.103(3)(a), Florida Statutes (2002), provides, in pertinent part: No recovery shall be allowed . . . Shad did not meet the statutory requirements delineated in § 766.103(3)(a), Florida Statutes (2002), . . . Stat. § 766.103(3)(b); Gassman v. . . . Subsections 3(a) and 3(b) of § 766.103(3) are written in the disjunctive; therefore, if the evidence . . . Stat. § 766.103(4), Parikh v. . . .

STATE J. Jr. M. D. v. PRESIDENTIAL WOMEN S CENTER, M. D. s, 884 So. 2d 526 (Fla. Dist. Ct. App. 2004)

. . . Presidential Women’s Center, 707 So.2d at 1150; see also Section 766.103, Fla. Stat.; 20. . . . Section 766.103(3)(a)(2), Fla. Stat.; 21. The Amended Statute contains neither provision. . . . Section 766.103(3)(a)(2), Fla. Stat. . . .

GREENBERG, v. MIAMI CHILDREN S HOSPITAL RESEARCH INSTITUTE, INC. s d b a s, 264 F. Supp. 2d 1064 (S.D. Fla. 2003)

. . . . § 766.103. . . .

GOUVEIA, v. F. PHILLIPS, M. D. F. III, M. D. P. A., 823 So. 2d 215 (Fla. Dist. Ct. App. 2002)

. . . See § 766.103(4)(b), Fla. . . . See § 766.103(3)(a)(2), Fla. . . . With all respect, we do not understand section 766.103(3) to contain any such requirement to resolve . . . See § 766.103(3)(a)(l) (“The action of the physician ... in obtaining the consent of the patient ... . . .

CEDARS MEDICAL CENTER, INC. R. R. M. D. P. A. v. RAVELO,, 738 So. 2d 362 (Fla. Dist. Ct. App. 1999)

. . . The current version of the law is codified in section 766.103, Florida Statutes (1997). . . . The reason for this legislative restriction in section 766.103 is that only a treating physician has . . . statutory placement in Chapter 768, Florida Statutes (1975), without amendment, to the present Section 766.103 . . .

FLORIDA POWER LIGHT COMPANY, v. UNITED STATES, 41 Fed. Cl. 477 (Fed. Cl. 1998)

. . . . § 766.103; (Defs. Mot. for J. on the Pleadings at ¶ 20; Pls.’ Mem. in Opp’n at 8). . . .

STATE T. v. PRESIDENTIAL WOMEN S CENTER, M. D. s s, 707 So. 2d 1145 (Fla. Dist. Ct. App. 1998)

. . . not define informed consent, and accordingly physicians performing abortions could rely on section 766.103 . . . Section 766.103 provides, among other things, that consent is “in accordance with an accepted standard . . . only by the discretion specifically allowed physicians in the general informed consent law, section 766.103 . . . are also specialized informed consent statutes requiring more specific information, such as section 766.103 . . . See § 766.103, Fla. Stat. . See, e.g., Lasky v. State Farm Ins. . . .

L. FRANTZ v. UNITED STATES, 29 F.3d 222 (5th Cir. 1994)

. . . . § 768.46(4)(a), amended by, § 766.103(4)(a). . . .

ROBERTSON, v. STATE, 604 So. 2d 783 (Fla. 1992)

. . . . § 766.103, Fla.Stat. (1989). . . . .