Yes, You Can Still Sue If You Signed a Medical Waiver – More Inside
Any respectable and established medical institution or hospital will make you sign a liability waiver before a medical procedure. This is standard practice, and it seeks to protect the hospital administration from lawsuits should anything go wrong that may be deemed to be reasonably expected such as common complications that are typically seen in some types of medical procedures. A lot of clients usually ask “Can I still sue if I signed a waiver?” The answer to this is a bit complex, and we’ll unpack the answers in this post and show you how you can still maintain your legal rights after a medical malpractice event.
Are you wondering whether it is still possible to file a medical malpractice legal claim after signing a waiver? It is important to understand that negligence a factor of all personal injury claims, and a waiver cannot be enough to stop you from moving forward with a medical malpractice lawsuit as long as we, your best medical malpractice attorneys, can prove that the doctors or the hospital treating you did not uphold a certain standard of care that is expected of health professionals. Please give us a call NOW at (773) 823-0298 to receive your 100% FREE consultation into medical malpractice lawsuits and waivers to learn more about what steps to take next.
I Signed a Waiver – What’s That About?
A waiver is essentially a legal document which informs a prospective patient about the risks, benefits and possible consequences associated with a certain medical procedure. On top of this, you are required to give informed consent agreeing to go forward with treatment, cognizant of any consequences or complications that may arise after said procedure. A waiver typically states that you waive all your rights to pursue legal action against the physician or hospital should anything go wrong.
I Never Gave Informed Consent After Signing a Waiver
Almost everything in personal injury law is open to interpretation and contestable as long as there is a legal principle that can support one’s arguments, and negligence can be proven. One of the ways through which you can still file a lawsuit even after signing a waiver is when a physician does not provide you with the opportunity to give informed consent. For instance, if you sign a waiver but the physician or anesthesiology doesn’t explain the procedure and ask you for verbal consent before putting you under, you may be able to file a medical malpractice lawsuit.
Gross Negligence May Invalidate Waivers
A waiver may also be rendered null and void if there is evidence of gross negligence during a medical procedure. Gross negligence can be defined as the reckless actions of a physician that goes against a certain level of care that is expected of doctors in the same position and circumstances. This can be for instance operating while under the influence of drugs or alcohol, using instruments that were not sterilized prior to your operation, leaving surgical instruments in the patient, or not listening to a patient’s pleas regarding something as serious as a spreading infection, leading to the patient suffering severe complications such as sepsis or bacterial meningitis.
Best Medical Malpractice Lawyers – Call Us Today!
It is important to realize that you still have rights even after signing a waiver before a medical procedure. We would like to explore your case and see how best we can help you get the justice and compensation you deserve. Please give our best countrywide medical malpractice attorneys NOW at (773) 823-0298 for your 100% FREE consultation into medical negligence claims. We look forward to hearing from you.