Eric Mausner

What Does Statute of Limitations Mean?

Did you know that some crimes have a reporting deadline that must be met for victims to seek justice? If too much time passes before the victim makes the crime known, the victim may be unable to take legal action against the perpetrator. A statute of limitations is a legal term that describes the window of opportunity for an individual to file a lawsuit or start a criminal investigation.

If a crime occurred long ago, it could be very challenging to find out what actually happened due to how old the evidence is. A statute of limitations exists to help ensure that lawsuits are filed on time, to reduce the use of outdated or dubious proof in court, and to promote a fair outcome for both parties. Both civil and criminal law have different statutes of limitations depending on the kind of claim or charge and where the victim reported the crime happened.

Does Florida have a Statute of Limitations on Statutory Rape?

Rape is a very serious crime and often has life-long consequences for victims and those accused or convicted. If charged with statutory rape, you must register as a sex offender, which complicates finding housing, employment, and obtaining parental rights.

The statute of limitations for statutory rape varies according to the victim’s age and the offense’s severity. If an adult engages in sexual acts with a minor, it is statutory rape, regardless of whether the minor consented. Florida’s age of consent is 18, so people younger than 18 cannot consent to sex with those older than 18 under Florida law.

If you are a victim of statutory rape, it’s essential to prioritize your mental and physical health and seek medical attention as soon as possible. Reporting the rapist’s location, physical description, and any other valuable information to law enforcement can potentially help prevent more victims in the future and serve as additional documentation in your case.

Consult with a Florida lawyer immediately for assistance with determining any applicable statute of limitations. Every case is different.

Types of Statutory Rape

A minor may consent to a sexual act, but Florida law considers that a minor cannot consent in the same way that an adult can. Many victims of statutory rape may have felt like they agreed to the act at the time, but after the fact, they realized the adult had taken advantage of them.

Florida has different charges for statutory rape depending on the circumstances of the crime, and the statute of limitations for statutory rape in Florida ranges from 3 to 12 years:

Sexual Battery

• Sexual Battery on a Victim Under 12 Years Old: Florida law doles out the harshest punishments for sexual battery on a victim under 12. This offense is considered a capital felony, and those who commit this crime could be sentenced to life in prison. There is no statute of limitations for the sexual battery of those under 12. Charges for this crime may be brought at any time, regardless of how long it has been.
• Sexual Battery on a Victim Between 12 and 17 Years Old: If an adult engages in sexual acts with a child between 12 and 17, they have committed a felony punishable by up to 15 years in prison and a fine of up to $10,000. This crime must be reported within eight years of the victim’s 18th birthday as there is an 8-year statute of limitations.

Lewd or Lascivious Battery

• Lewd or Lascivious Battery on a Victim Under 16 Years Old: Lewd or lascivious battery on a victim under 16 years old is considered a second-degree felony. Those who commit this crime could be imprisoned for up to 15 years and receive fines of up to $10,000. The statute of limitations on this crime is eight years from the victim’s 18th birthday.

Lewd or Lascivious Molestation on a Victim Under 12 Years Old: Those who molest someone 12 years old or younger in Florida have committed a first-degree felony, which carries penalties of up to life in prison and a fine of up to $15,000. This felony has a 4-year statute of limitations.

Lewd or Lascivious Molestation on a Victim Between 12 and 16 Years Old: This crime is considered a second-degree felony, with penalties of up to 15 years in prison and a fine of up to $10,000. The statute of limitations for this offense is eight years from the victim’s 18th birthday.

Exceptions to Statute of Limitations

Victims of statutory rape should be aware that some factors may extend the statute of limitations. For example, if the rapist threatens or intimidates their victim to prevent them from reporting the rape, the statute of limitations may not apply. The perpetrator leaving the state could also extend the statute of limitations.

Long-Term Effects of Statutory Rape

Statutory rape can seriously impact a young person’s mental health and development. The experience of being forced or coerced into sexual activity at a young age, before a person is emotionally or mentally prepared for it, can cause a range of adverse psychological outcomes.

Research has shown a connection between childhood sexual abuse and adverse psychological and emotional outcomes like depression, guilt, shame, self-blame, post-traumatic stress disorder (PTSD), eating disorders, and anxiety. Victims of statutory rape may struggle with trust issues and difficulty forming intimate relationships. It may be hard for them to develop and maintain boundaries.

In some cases, victims of statutory rape may turn to substance abuse or self-harm to cope with the emotional pain and trauma they have experienced. They may also experience a loss of interest in activities they once enjoyed and struggle with academic or occupational performance.

The mental health effects of statutory rape can be severe and long-lasting, and victims need to receive appropriate support and treatment to help them recover and move forward. Treatment for statutory rape may include therapy, counseling, and other forms of mental health care.

Talk To a Lawyer About Your Statutory Rape Case

Rape is a life-changing crime, and it can be challenging to talk about it due to its stigma. However, it is crucial to continue to push for justice. If you are a victim or are facing charges of statutory rape, finding an experienced criminal defense attorney who can help you understand your legal rights and options is vital.

An attorney can work to build a strong defense on your behalf and can help you navigate the complex legal system. Contact Mausner Graham Injury Law at 305-344-HURT(4878) for a free consultation with our experienced attorneys.

What Do You Need to Know About Rear-End Collisions?

Getting rear-ended while driving in Florida can be an incredibly shocking and painful experience. Most drivers don’t see the impact coming and are unable to brace themselves. Even low-speed rear-end collisions can cause serious injuries, including whiplash, facial fractures, spinal damage, traumatic brain injuries (TBIs), and more. These injuries can lead to expensive medical bills, lost wages, and life-long pain and mobility issues.

Unfortunately, navigating the claims process for a rear-end accident can be complex. At Mausner Graham Injury Law, PLLC, we believe victims deserve fair and full compensation for their losses. Our skilled car accident lawyers have years of experience providing compassionate legal representation to clients. Even if you are partially at fault for the accident, you may still be able to recover damages. However, it is essential to promptly contact a law firm after your accident to ensure your legal rights are protected.

What Causes Rear-End Collisions?

In a rear-end car accident, one vehicle is usually stopped or moving very slowly, and another car runs into it from behind. Occasionally, the front automobile may reverse into the rear vehicle, causing damage. While faulty vehicle parts may play a role in some accidents, most rear-end crashes are due to driver error. Some risk factors for rear-end collisions include:

• Decreased visibility because of fog, darkness, or heavy rain
• Distracted driving
• Drivers engaging in “brake checking”
• Driving in stop-and-go traffic
• Driving under the influence of alcohol or drugs, including prescription and OTC drugs that can slow reaction times or cause tiredness
• Fatigued driving
• Inattention by the front driver when reversing
• Mechanical failure of brakes or tires
• Sliding due to icy, wet, or slippery conditions
• Speeding
• Suffering a medical emergency, such as a stroke
• Tailgating (not leaving enough stopping room between vehicles)
• Texting or talking on the phone

How is Blame Determined in a Rear-End Crash?

In any motor vehicle accident, the driver is considered liable if they acted negligently and that negligence directly caused injury to others. For a plaintiff to prove negligence, they must demonstrate that the driver owed a duty of care to others on the road and that they breached this duty through their actions. Establishing a duty of care is relatively easy because all motorists are expected to drive safely to prevent accidents, which includes:

• Driving appropriately for the road conditions
• Following all applicable rules and regulations
• Keeping your car in safe working order
• Maintaining control of the vehicle’s speed and steering
• Staying at the scene and seeking care for injured victims post-accident

If both drivers were negligent, they could both be considered at fault for the crash. Then the case hinges on how much responsibility for the accident is apportioned to each driver, based on their actions.

When Can the Front Driver Be Found Liable for a Rear-End Crash?

When a driver fails to operate their vehicle safely, they are liable for their actions, regardless of which car they were driving. In most cases, the rear driver is found to be at fault for a rear-end collision, but there can be circumstances where the front driver is held entirely or partially liable for the accident. If the lead driver engaged in any of these activities, they may be considered responsible for the crash:

• Careless braking or “brake-checking” a vehicle that is driving too closely
• Driving while intoxicated
• Driving with malfunctioning or broken brake lights
• Engaging in road rage
• Intentionally attempting to get hit
• Reckless merging
• Reversing into the rear vehicle
• Suddenly pulling out into traffic

Eyewitness reports and video evidence are vital in establishing the sequence of events in rear-end collisions. As evidence can quickly disappear or degrade, promptly retaining a skilled car accident lawyer is beneficial to your claim. Rear drivers who did not cause the accident often face an uphill battle in obtaining a settlement. However, a skilled lawyer can assist in collecting the necessary evidence to support a claim.

Is it Possible to Prevent Rear-End Collisions?

In most situations, these accidents could be avoided by the rear driver maintaining better awareness and leaving adequate room between themselves and the front car. The National Safety Council (NSC) recommends using the three-second rule for keeping a safe distance between yourself and other vehicles.

To use the three-second rule, note when the vehicle in front of you passes a stationary object, such as a fence post or telephone pole, then count the seconds until your car passes the same point. If it is less than three seconds, you should provide more room to help prevent rear-end collisions. An even larger gap is recommended when there are visibility issues, bad road conditions, or if the vehicle in front of you is a semi or a motorcycle.

How Do Florida’s New Comparative Fault Rules Impact Rear-End Collision Claims?

Until recently, Florida operated under a pure comparative fault system. Under this system, individuals injured in an accident could always seek compensation from the other party, but their award would be reduced by the percentage of fault assigned to them. For example, if the plaintiff had $100,000 in losses but was found to be 75% at fault for the crash, they would only be eligible to recover $25,000 in damages.

With the passage of HB837, effective in March of 2023, Florida has become a modified comparative fault state. Under the new law, any party found to be 50% or more at fault for their accident is now unable to recover damages from the other party. With this change, it is more important than ever to seek the assistance of a skilled personal injury lawyer to ensure that you are not getting blamed for a rear-end accident you did not cause because it can directly impact your ability to seek compensation. If you have been injured in a rear-end collision, contact Mausner Graham Injury Law, PLLC, to schedule your free case evaluation today: 786-627-6018.

Wrongful Death Lawsuits

Losing a loved one is a devastating experience that can worsen when someone else’s negligence or wrongdoing causes their death. In Florida, when a wrongful act, negligence, default, or breach of contract causes someone to die, individuals close to them may be able to file a wrongful death lawsuit to seek compensation for their losses.

If you have lost a loved one due to someone else’s negligence or intentional act, it’s essential to understand who can file a wrongful death lawsuit in Florida and what damages you may be able to recover. If you believe you have a claim, seek the advice of a qualified attorney without delay.

Who Can Be a Personal Representative in Florida?

In Florida, the person determined to be the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The personal representative is the only one who can file a wrongful death lawsuit claiming damages.

A deceased person’s will may sometimes list the name of a chosen personal representative, but if there is no will, the court may select a close relative or friend of the dead to serve as the personal representative. To serve as a personal representative in a wrongful death lawsuit, the individual must be a Florida resident or a Florida-based corporation.

Filing on the Family’s Behalf

In Florida, the personal representative can file a wrongful death lawsuit on behalf of the following parties:

• Surviving Spouse: The surviving spouse of the deceased person can recover damages for loss of companionship and protection, as well as for any pain and suffering that they experienced due to the death of their spouse.
• Children: The deceased individual’s children may also be entitled to compensation for the absence of their parent’s care and protection. Additionally, they might be entitled to compensation for any financial losses they may have incurred due to their parent’s passing, including lost potential inheritance or income.
• Parents: If the deceased person’s parents are still alive, they may also be able to recover damages for the loss of their child.
• Other Relatives: If the deceased person does not have a living spouse, children, or parents, other relatives who depended on the dead person for support or services may also be able to recover damages.

What Damages Could Be Recovered in a Wrongful Death Lawsuit?

The damages potentially recovered in a wrongful death lawsuit in Florida fall into two general categories: economic damages and non-economic damages. Depending on the circumstances of the death, the personal representative may also be able to recover punitive damages in addition to economic and non-economic damages. Judges may award punitive damages to further hold the defendant accountable for their wrongdoing and discourage them from doing it in the future.

Economic Damages

Economic damages are the financial losses the surviving family suffered due to their loved one’s death. These may include:

• Medical and funeral expenses: The family members may be able to recover compensation for the healthcare expenses and the cost of the burial and funeral service that they may have incurred due to their family member’s death.
• Lost income and benefits: If the deceased person was the primary breadwinner, the surviving family members could potentially receive funds for the pay and benefits they lost due to the death.
• Loss of support and services: The surviving family members can also claim damages for the value of the support and services the deceased person would have provided if they had not died.

Non-Economic Damages

Non-economic damages refer to the emotional and psychological impact of the deceased person’s death. These may include:

• Pain and suffering: The grieving family members can be entitled to financial compensation for the emotional pain and suffering brought on by the loss of their loved one.
• Loss of companionship and protection: Family members may also recover compensation for losing their loved one’s companionship, guidance, and security.
• Mental anguish: The surviving family members may be able to recover compensation for the emotional trauma and distress they suffered due to their loved one’s death.
• Loss of parental companionship and instruction: If the deceased person had minor children, the children could recover damages for the loss of their parent’s companionship and guidance.
• Loss of spousal companionship: The surviving spouse can recover damages for the loss of their spouse’s companionship and emotional support.

It’s important to remember that Florida limits non-economic damages in wrongful death lawsuits. The number of survivors and the case specifics determines how much non-economic damages can be recovered. An experienced attorney can be beneficial in determining what the outcome of your case could be.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

In Florida, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. The legal system often refers to the deadline to file a case as the “statute of limitations.” If you fail to file your lawsuit within the statute of limitations, you may lose your right to recover compensation for your losses.

However, certain cases have some exceptions to the statute of limitations. For example, if the accused party concealed their wrongful conduct, the clock may not start ticking until the victim’s friends or family discovers the concealment. It’s always best to speak with an experienced wrongful death attorney to determine if you have any exceptions that may apply to your case.

Contact Mausner Graham InJury Law Today

Losing a loved one due to someone else’s negligence or wrongdoing is a tragic and emotionally devastating experience. If you believe that someone else’s actions caused your loved one’s death, you may be able to file a wrongful death lawsuit to seek compensation for your losses.

However, navigating the legal system can be complex and overwhelming, especially while you’re still grieving. That’s why it’s essential to seek the guidance of an experienced wrongful death attorney who can guide you through the process and advocate for your rights.

At Mausner Graham Injury Law, we understand the emotional toll these cases can take on families. We’re committed to providing you with the support and guidance you need to move forward.

If you’re considering filing a wrongful death lawsuit in Florida, don’t wait. Contact us today at 305-344-HURT(4878) to schedule a free consultation with one of our experienced attorneys. We’ll review your case, explain your legal options, and help you seek justice for your loved one.

What Should I Know About Truck Accidents in Florida?

Commercial trucks bring goods to people across America on our highway system, keeping people fed and businesses going. Truck drivers receive special training and must take extra precautions that other types of drivers do not. These large trucks hauling heavy loads share the roads with smaller vehicles, making truck accidents more dangerous than different kinds of car accidents.

After a truck accident, it is essential to understand your legal rights and options for seeking compensation. Truck accidents can result in serious injuries and property damage, and navigating the legal process can be complex and overwhelming. That’s where an experienced truck accident attorney can help. An attorney can help you learn what steps to take after an accident, how fault is determined, and what compensation you may receive.

How Deadly Are Truck Accidents?

All car accidents are scary. High speeds, thousands of pounds, and multiple people are usually involved in collisions. It is probably not surprising that truck accidents can be more deadly than car accidents.

One of the most significant factors in how deadly an accident may be is the sheer size and weight of commercial trucks. According to the Federal Motor Carrier Safety Administration (FMCSA), the average weight of a commercial truck is over 20 times greater than the average weight of a passenger vehicle. This weight difference means that when a car collides with a truck, the car is much more likely to sustain severe damage. Occupants of the car in a truck-car collision are more likely to suffer serious injuries or fatalities.

Another factor contributing to the severity of truck accidents is the distance required for a truck to come to a complete stop. Due to their size and weight, commercial trucks need significantly more time and space to stop than passenger vehicles. If a truck driver is not paying attention or driving too fast for the road conditions, they may be unable to stop in time to avoid a collision with another vehicle.

Furthermore, many commercial trucks carry hazardous materials, such as chemicals or fuel, which can increase the risk of explosions or fires in the event of an accident. These types of accidents can cause even more severe injuries and fatalities.

Steps to Take After a Truck Accident

If you are involved in a truck accident, there are several steps you should take to protect yourself and your legal rights.

Seek Medical Attention

First and foremost, seek medical attention for any injuries, no matter how minor they may seem. Prompt medical attention will ensure you receive the necessary treatment and create a record of your injuries for evidence in your case.

Document the Accident

Getting good evidence is one of the most important factors determining a potential claim’s outcome. Calling the police to report the accident is one of the best ways to document the facts surrounding the accident. The police report is one of the most commonly used pieces of evidence in truck accidents.

Be sure to obtain the truck driver’s name, contact information, and insurance information, as well as the contact information of any witnesses to the accident. Take photos of the accident scene, including damage to your vehicle and any injuries you may have sustained. It is also a good idea to take pictures of the truck involved in the accident, including its license plate and any identifying information.

Finally, contact an experienced truck accident attorney as soon as possible. Your attorney can help you navigate the legal process and ensure your rights are protected every step of the way.

Determining Fault in a Truck Accident

Determining fault is one of the most important factors in a truck accident claim. In Florida, fault is determined using a legal concept called “comparative negligence.” In Flordia’s legal system, a judge will assign each party involved in the truck accident a percentage of fault. Each party’s share of the fault will determine their compensation.

For example, if the judge decides the truck driver is 80% at fault for the accident, and you are 20% at fault, your compensation is reduced by 20%. The complex factors involved in calculating who is at fault are why it is vital to work with an experienced truck accident attorney who can help you build a strong case and fight for the compensation you deserve.

Getting Compensation in a Truck Accident Claim

If you get into an accident with a truck, you may be entitled to more compensation than you think. Insurance companies may try to settle your claim quickly and for less than you are entitled to, but an attorney can negotiate on your behalf to ensure that you receive fair compensation for all the ways the accident may have harmed you.

Types of Truck Accident Compensation

If your truck accident injured you, you might be entitled to several different types of compensation, including:

• Medical Expenses: This includes the cost of medical treatment related to your injuries, including hospitalization, surgeries, medications, and physical therapy.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages.
• Pain and Suffering: This includes compensation for physical pain, emotional distress, and mental anguish resulting from the accident.
• Property Damage: If the accident damaged your vehicle or other property, you might be entitled to compensation for repairs or replacement.
• Punitive Damages: In some cases, the court may award punitive damages to punish the truck driver or trucking company for gross negligence or intentional wrongdoing.

Working with a Truck Accident Attorney

Truck accident cases often involve multiple parties, including the truck driver, trucking company, insurance companies, and potentially even government agencies. If a truck accident injures you, contact an experienced attorney who can help you understand the full extent of your damages, navigate the legal process, and fight for the compensation you deserve.

Your attorney can:

• Investigate the Accident: Your attorney can conduct a thorough investigation of the accident, including reviewing police reports, interviewing witnesses, and collecting and preserving evidence.
• Determine Liability: Your attorney can work to determine liability for the accident and build a solid case to support your claim.
• Negotiate with Insurance Companies: Your attorney can negotiate with insurance companies on your behalf to ensure you receive a fair payout for the damages you suffered.

Getting support from an attorney can give you peace of mind during a difficult and stressful time. Your attorney can handle the legal details of your case, allowing you to focus on your recovery and moving forward with your life. Contact Mausner Graham Injury Law today at 305-344-HURT(4878) for a free consultation about your truck accident.

What Happens After A Motorcycle Accident?

If you’ve gotten into a motorcycle accident in Florida, you may feel overwhelmed and unsure of what steps to take next. The aftermath of a motorcycle accident can be a confusing and challenging time, especially if you get hurt. Still, taking swift action is crucial to protect yourself and your legal rights.

Unfortunately, motorcycle accidents are common. Motorcycles are much smaller than cars and trucks and are harder to see on the road. Many drivers fail to keep a lookout for motorcycles and may turn or change lanes without checking for them. What do motorcycle drivers do if they get into an accident?

Step 1: Seek Medical Attention

The first and most important step after any motorcycle accident is to seek medical attention for injuries sustained. Motorcycle accidents can result in a wide range of injuries, from minor scrapes and bruises to life-changing injuries such as paralysis.

Even if you feel okay or think your injuries are minor, it’s essential to get checked out by a medical professional. Many injuries, such as whiplash and concussions, may not show immediate symptoms but can have long-term effects if left untreated. Getting prompt medical care can help you identify and address any health issues before they become more serious.

In addition to ensuring your physical health, seeking medical attention will also provide documentation of your injuries, which can be vital to support any legal claims you may make following the accident and strengthen your case in court. Motorcycle accidents can be costly, and if someone else’s negligence or recklessness caused the accident, you might be entitled to compensation for your injuries, medical bills, lost wages, and other damages.

When you seek medical attention after a motorcycle accident, be sure to provide your doctor with as much detail about the accident as possible. Tell them about any pain or discomfort you’re experiencing, even if it seems minor. Your doctor will likely perform a physical exam and may order additional tests or imaging to evaluate your injuries.

Step 2: Document the Accident

After seeking medical attention, it’s important to document the accident as thoroughly as possible by taking pictures of the accident scene, your injuries, your motorcycle, and any other vehicles involved. Contact information of witnesses and the other driver(s) in the accident will also be helpful for you to have later. Witness testimony can be crucial in establishing who is at fault for the accident. If you cannot document the accident yourself due to your injuries, ask a trusted friend or family member to assist you.

Additionally, it is important to call the police and report the accident if they still need to be contacted by a witness. Later, you will need to obtain a copy of the police report, which will provide detailed information about the accident, including the parties involved, the location and time of the accident, and any citations issued. The police report will also describe the damage to the vehicles involved in the accident and the apparent injuries sustained by the parties involved.

Step 3: Contact an Attorney

If you’ve gotten into a motorcycle accident, it’s in your best interest to contact an experienced attorney specializing in motorcycle accidents soon as possible. An attorney can help you navigate the claims process and protect your legal rights.

During your initial consultation with an attorney, they will ask you about the details of the accident, including any injuries sustained, the extent of property damage, and any witnesses or other parties involved. They may also ask you about your medical treatment and any insurance coverage you have. It is best to come prepared for your consultation with copies of all the documents you have received about the accident and any medical treatment you may have received.

Step 4: Determine Liability

Determining liability is one of the most important aspects of any motorcycle accident claim. In Florida, the state operates under a “comparative negligence” system, which means that the state can assign each person involved in an accident a percentage of fault for the accident. Compensation may be split 50/50 in cases where both parties were found to be at fault.

Your attorney will gather evidence to support your case and work to determine how liable you and the other individual(s) involved in the accident are. Evidence could include witness testimony and reconstruction of the accident (for example, diagrams of which vehicles were where).

Step 5: Negotiate a Settlement

After determining liability, your attorney will work to negotiate a settlement with the other driver’s insurance company. This settlement ideally covers your medical bills, lost wages, property damage, and other expenses related to the accident.

Your attorney may recommend pursuing a lawsuit if negotiations cannot reach a settlement.

Cost of Motorcycle Accident Claims in Florida

The cost of a motorcycle accident claim in Florida can vary widely depending on the extent of injuries sustained and the amount of property damage involved. Some typical expenses associated with motorcycle accident claims include:

• Medical bills: These can include the cost of emergency care, hospital stays, surgeries, and other medical treatments.
• Lost wages: If you cannot work due to your injuries, you may be entitled to compensation for lost wages.
• Property damage: This can include the cost of repairing or replacing your motorcycle and any other property damaged in the accident
• Pain and suffering: In addition to tangible expenses, pain and suffering resulting from the accident may entitle you to additional compensation.

If you have motorcycle insurance, your policy may cover some or all of these expenses. Reviewing your policy carefully and speaking with your insurance provider to understand your coverage entirely is important when accidents happen.

Contact Mausner Graham Injury Law Today

Motorcycle accident claims can be complex, and working with insurance companies and navigating the legal system can be very challenging. Having an experienced attorney on your side is essential to protecting your legal rights. Your lawyer can help you navigate the claims process, negotiate with insurance companies, and ensure you receive the compensation you deserve.

Don’t let an insurance company or negligent party deny you justice – call Mausner Graham Injury Law for a free consultation about your motorcycle accident today at 305-344-HURT(4878).

Why is Consent So Vital in Healthcare Situations?

Undergoing medical procedures and treatments is often vital to maintaining your health and well-being, but many aspects of medical care also involve risks. It is your healthcare provider’s ethical and legal duty to fully inform you of these risks so you can make a knowledgeable decision about how you wish to proceed. By consenting to a medical procedure, you are giving your permission for the doctor to provide the treatment.

Certain situations require formal, written consent, while a patient’s actions can provide the necessary permission in others. Understanding the difference between these two types of consent and when they apply is critical for patients. If a doctor does not give you the information necessary to make choices about your healthcare, or they perform procedures without your consent, they may be held liable for medical malpractice.

What is Express Consent?

Express consent is also known as informed consent. It is permission obtained from the patient following a clear explanation of the proposed treatment and the potential risks. Typically, express consent is given by signing a medical authorization form, but verbal consent may suffice if emergency treatment is required.

Express consent from the patient is necessary before performing many types of invasive procedures or treatments, including:

• Blood transfusions
• Surgeries
• Cancer treatments, such as radiation or chemotherapy
• Biopsies
• Anesthesia
• Clinical trials or experimental treatments

What Information Must Be Provided Before You Can Give Express Consent?

The authorization form you will be given to sign should contain all the details necessary for you to make a well-informed choice regarding your course of treatment. You also have the right to ask questions or have the information presented to you verbally or translated so you fully understand the consequences of giving your consent. Common information the doctor is obliged to provide includes:

• Your diagnosis.
• A full description of the proposed treatment and why the doctor believes it is appropriate for your situation.
• The benefits, side-effects, and risks of the treatment.
• The anticipated outcome of the procedure and what could happen if it is not performed.
• Alternative treatment methods that could be considered.

What is Implied Consent?

The main difference between express and implied consent is the clarity of your agreement to treatment. Express consent is very formal and usually requires a written authorization, while implied consent can be much less explicit. Medical professionals rely upon their interpretation of your actions to determine implied consent.

For example, suppose you make an appointment for a routine physical with your doctor. You perform the pre-appointment requirements, such as fasting, and arrive at the doctor’s office at the scheduled time. In this case, your doctor will assume, based on your actions, that you have given your implied consent for them to perform the physical examination unless you state otherwise. However, if your doctor notices an issue during the examination that requires an invasive procedure, such as a biopsy on a suspicious lump, they must then obtain your express consent to proceed with the testing.

What if a Patient is Unable to Give Consent?

Unfortunately, there are sometimes situations where a patient is physically or legally unable to provide their consent for treatment. Examples include:

• Patients suffering medical emergencies where they are unconscious or unable to speak.
• Elderly, disabled, or mentally ill patients.
• Minor children who cannot legally consent to care.
• Patients who speak a different language than their care team.

In these circumstances, the doctor still has an obligation to provide necessary life-saving treatments because it is presumed that the patient has given their implied consent for these procedures. The doctor is acting on the assumption that the patient would agree to these vital treatments if they were conscious or able.

Can You Revoke Your Consent?

Signing an authorization form does not mean you are required to follow through with a procedure. If you change your mind at any point before the treatment begins, you have the right to withdraw your express consent. You also have the option to request partial changes to the treatment plan you previously agreed to. For example, if you have received a cancer diagnosis and your doctor proposed surgery followed by chemotherapy, you can revoke your consent for the surgery but still agree to undergo chemo.

What Can You Do if a Procedure is Performed Without Your Consent?

Ultimately, where invasive procedures are concerned, patients have the right to fully understand their healthcare options so they can refuse or give their express consent to treatment. The main exception to this rule exists when the patient is incapacitated or otherwise unable to give consent, and reasonable emergency medical care is necessary to save their life. In these cases, the patient’s implied consent is generally sufficient. In most other situations, if a doctor does not provide adequate information to the patient or fails to obtain consent and these actions result in harm to the patient, then the doctor may be held liable for medical malpractice.

If you or a loved one were injured by a medical procedure you did not consent to, contacting a skilled medical malpractice attorney as soon as possible is crucial. It can be challenging to navigate the complex laws surrounding medical consent, and a thorough investigation of the circumstances leading up to the procedure is often necessary. Mausner Graham Injury Law, PLLC can evaluate your case and explain your legal options for recovery. You may be eligible for damages, including medical expenses, lost wages, loss of quality of life, and pain and suffering. Contact our Miami personal injury law firm today at 305-344-4878 to schedule a free consultation to learn more.

Do You Understand the Differences Between Implied and Expressed Consent?

In a medical setting, ‘consent’ is a fundamental concept. By stating your consent for a procedure or treatment, you are saying that you’re on board with what the doctor suggests for your medical care. And while we tend to think of medical malpractice lawsuits as centering around botched surgeries and other mistakes made in a hospital setting, malpractice cases can also be focused on issues where consent was not given or was misunderstood.

The difference between implied and expressed consent is right there in the chosen terminology. When you offer your express consent for a procedure, you often must do so in writing or in plainly spoken dialogue. By doing so, you establish to your medical team that you understand the treatment to the best of your abilities and consent to undergoing that procedure as described.

By contrast, implied consent may not have any clear agreement to the procedures which may follow and certainly does not involve you signing paperwork that clearly states your intentions. With implied consent, you and your doctor may believe you’re both on the same page, but there is room for a misunderstanding. In that space where misunderstandings manifest, massive and sometimes irreversible errors can occur. These mistakes could result in you undergoing a treatment you were not fully on board for or, worse, possibly result in death.

Examples of ‘implied consent’ may include rolling up your sleeve for a flu shot or nodding along to all of your doctor’s suggestions, or even walking into the ER before passing out from an injury.

When undergoing any medical treatment, it is essential that your doctors keep you informed as to the risks and the possible outcomes. If you do not offer your express consent to proceed and the doctors only act on your implied consent, then your life may be forever altered in ways you did not anticipate. In such cases, it may be worth speaking to a medical malpractice attorney to discuss your legal options.

What is Your Right to ‘Informed Consent’ as a Patient Undergoing a Medical Procedure?

The lack of ‘informed consent’ can become the basis for a medical malpractice claim. Medical doctors have an ethical and legal duty to ensure that their patients are informed of the risks, alternatives, possible shortcomings, and possible side effects of the treatments they are seeking. A doctor should sit their patient down and have a lengthy discussion about the patient’s concerns, answer any questions, and offer possible solutions. In providing those solutions, the doctor should try to explain how the treatment works and how it will seek to relieve the patient’s medical issues.

By offering this information, the doctor allows the patient to make the decision they believe suits them best. In some cases, the doctor may even disagree with the patient. But so long as the patient is informed of the risks and the doctor’s personal recommendations, they may proceed according to their wishes.

Are Doctors Legally Required to Obtain Your Express Consent?

It can be easy to misunderstand an act of implied consent. As a result, most doctors prefer to get their patient’s wishes in writing or ask them to clearly state that they consent to the planned treatment.

However, there are exceptions.

In cases of emergencies, when the patient’s life is on the line, and they may not be able to offer their express consent, medical professionals are expected to act to save the patient’s life. This may mean acting on implied consent. For example, if someone calls 911 following a bloody injury, it’s reasonable to assume that they are seeking medical aid. If they fall unconscious, the doctors shouldn’t wait until they wake to provide treatment.

Another example where implied consent may be enough is for certain procedures, such as a blood draw after a patient’s annual physical exam.

Can You Change Your Mind About Consent?

Signing a paper stating your consent for a medical procedure is not the same thing as signing a binding contract. You can change your mind. And if you feel uncertain about going forward with the procedure, perhaps you should. Additionally, if you are set to undergo multiple procedures, you are allowed to withdraw consent for one or two treatments but not all of them, if you so choose.

If you choose to withdraw consent and cancel any pending operation or treatment, your doctor may advise you of the risks of not proceeding. Use this time to speak with your physician about your concerns. It’s possible that you simply need to be more informed or have your mind set at ease. In either case, it’s important that you feel comfortable about your medical care, and that includes giving you the choice of offering or withdrawing your express consent.

Can You Pursue Compensation for Harm Caused Without Your Express Consent?

If your medical team acted without your express consent, you have reason to be upset. And worse, if your physicians altered your body or mind in some way without your full consent, then you may experience lasting negative effects. In such instances, it’s important that you speak with an experienced medical malpractice lawyer right away.

Whether facing a risky surgery, contemplating the side effects of a new medication, or starting down the long path of a new treatment program, your consent is incredibly important. If your doctors failed to obtain your consent, you could pursue financial compensation via the law.

Is My Rideshare Driver Required to Call Police After an Accident?

Since the early 2010s, Uber’s rideshare taxi app service has slowly taken off. In more recent years, the app has continued to grow, becoming an enormously popular service for those without transportation of their own. In 2022 alone, Uber earned almost $32 billion in revenue, with hundreds of millions of users. Despite their popularity and wealth, mistakes can and do happen, and sometimes the business is not always looking out for their contractors or the passengers as well as one might hope. While Uber, as well as Lyft, have insurance policies in place to provide compensation in cases of a car accident, most unrepresented victims will never see the maximum compensation for their injuries.

Uber is more than twice as popular as Lyft, but they can be viewed as equally safe choices for your rideshare needs. Combined, however, they make up for an increasing number of accidents on the road. Studies have shown that the rise of rideshare apps has resulted in a 3% uptick in traffic fatalities. And sometimes a rideshare company’s contracted drivers don’t always do the right thing following such accidents.

The proper thing for an Uber or Lyft driver to do after they’ve been in a car accident is the same thing that any driver should do: they should check for injuries, ensure that injured victims receive proper medical aid, call the police, and remain at the scene of the crash until help arrives. If your Lyft or Uber driver doesn’t do those things – if they skip calling the police or even flee the scene entirely – do you know what to do?

If the Uber driver does not immediately call the police, remind them to do so. It’s possible that, in the traumatic event of the car wreck, it may have simply slipped their mind. But if the driver flat-out refuses to call the police, then you have a problem on your hands.

What Steps Should You Take After an Uber or Lyft Accident?

Call the police yourself. Especially if the Uber or Lyft driver cancels your ride and leaves you stranded at the scene of the crash, you absolutely must call for help. When you call, be sure to tell dispatch about the basic facts of the case, as well as if you or others have sustained any injuries. It’s important that, when law enforcement arrives, they are accompanied by trained medical professionals so that any injured individuals may receive proper care.

You should also follow-up with both your insurance company as well as the rideshare company. It’s possible that the driver may have informed their company instead of calling the police, but this is simply not enough. While it’s important that all relevant parties be informed, the police still need to be contacted about the accident.

While the proper paperwork is being filed, it is important that you follow the medical guidance of your healthcare providers. If you do not get checked out after the accident, it may prove difficult to recover compensation for any injuries you sustained.

Do You Need a Car Accident Lawyer for Your Rideshare Accident Case?

After you’ve sought medical attention and have contacted the proper authorities, it’s important to speak with an experienced rideshare accident attorney in your area. While many personal injury attorneys likely deal with car crashes, not every such lawyer has faced the extra complexities associated with a company like Uber or Lyft.

Not every car accident requires the legal guidance of an attorney. If a minor bump occurs, resulting in no damages or injuries, then maybe it’s not worth the trouble of hiring an attorney or working with insurance. However, in the event of a rideshare accident, it is highly recommended that you at least speak with legal professionals. You do not want to risk the driver claiming that you had something to do with the accident later on. And even if you do not plan on retaining a lawyer for your case, it is worth scheduling a consultation with a law firm to discuss your legal options.

In the case of something like an Uber driver leaving the scene of the accident or failing to notify the police, you absolutely must seek the counsel of an attorney. Not only will your Uber accident attorney seek to hold responsible parties accountable, but legal representation presents a better chance of any injured parties recovering the full compensation for their injuries.

What Else Should You Remember to Do Following an Uber Car Accident?

We’ve gone over the basics of what you must do if your Lyft or Uber driver fails to take the necessary steps following a car accident. But there are other suggestions which you should keep under consideration as well.

Further steps to take following an Uber car accident include:

• If you suffered an injury in the accident, make sure to acquire a copy of the police report. This may be used as important evidence in the future.
• The passenger of the rideshare vehicle may be held liable in certain extreme circumstances. It’s important to defend yourself against this possibility.
• Uber is not typically held directly responsible for accidents involving their drivers. Except in certain rare circumstances, you cannot sue Uber for an accident, but you may sue their insurer.