Can Tampa Doctors Do Things Without My Permission When I’m Unconscious?
For many patients, general anesthesia is worrying because of the lack of autonomy involved. When doctors “put you under,” you will not be able to object to anything that they do. What if your doctors do things that you do not agree with during this state of unconsciousness? What kind of rights do you have in this situation? Would it help to discuss certain legal protections with an estate planning lawyer in Tampa?
Florida Doctors Should Only Perform Agreed-Upon Procedures While You’re Under
After general anesthesia, doctors in Florida are only allowed to perform procedures that you have previously agreed upon. Often, a doctor or nurse will bring you a form to sign before an operation. This form will provide details of the procedure you are scheduled to undergo, and you may need to sign it. This confirms that you understand exactly what is about to happen.
Once you’re in the surgery room, doctors might once again verbally confirm that you understand the procedure you are about to undergo. A doctor cannot deviate from the planned procedure once you fall unconscious.
Exceptions to the Rule
That being said, a doctor might be justified in performing additional procedures in emergency situations. For example, they might accidentally nick an artery during surgery. In this situation, they might need to clamp the artery and perform additional surgeries in order to stop the bleeding. They do not need to wake you up and ask your permission before performing these kinds of life-saving emergency procedures.
How Do I Protect My Rights When I’m Under General Anesthesia?
With that said, you might not agree with certain types of procedures, even if they would normally be classified as life-saving and necessary. For example, your religion might prevent you from receiving blood transfusions. Perhaps you also object to stem-cell-based medicine on religious grounds.
If the procedure poses the risk of long-term complications such as brain damage, you might prefer to let nature take its course instead of waking up with a drastically different life.
In these situations, you can make your preferences known with an advance directive. Create this legal document before your operation, and your doctors will respect your wishes even after you fall unconscious. You might also want to designate a healthcare surrogate who can make decisions on your behalf. This might be a trusted family member or even another medical expert whom you know.
Can a Tampa Estate Planning Lawyer Help Protect My Medical Rights?
A Tampa estate planning lawyer could help you protect your legal rights in various ways. Two common examples include a health care surrogate and an advance health care directive. You can create these legal documents fairly easily, and they may protect you from unwanted procedures while you’re unconscious or otherwise unable to voice your opinions. Speak with Knudsen Law today to learn more.
Sources:
quality.healthfinder.fl.gov/report-guides/advance-directives
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.202.html
