A hospital will hand you a waiver to sign along with other forms, whether you have a minor treatment or a major surgery. Have you ever wondered why? And do you read these waivers properly? If not, here is why you should never skip reading such documents.
If you believe that you have been a victim of medical malpractice but are unsure whether or not you can sue as you signed a waiver, consulting premier medical negligence trial lawyers from a reputed firm may be wise. Lawyers can aid you in understanding whether or not you have a case, collect evidence, and provide good representation.
What is a medical waiver or informed consent?
Medical waivers are documents given to you before any painful procedure. If you don’t sign these, you may be unable to get treatment. Such forms confirm that you are aware of the inherent threats of the treatment. A doctor or nurse will most likely discuss these potential risks with you. Then you sign a form acknowledging your permission to proceed despite the risks.
The waivers typically include “informed consent,” which means you consent to get treatment while knowing the potential risks of the procedure as well as any potential benefits. While it is hoped that everything will go as planned, there is always the possibility of complications.
The best way to protect your interests is to read the paperwork before signing on the dotted line. However, if you believe that your care providers have been medically negligent with you, all hope is not lost.
Malpractice and medical waivers
Waivers exist to avoid malpractice claims or to have a standard procedure in case malpractice occurs. However, these do not entirely release hospitals from all liability and accountability. If the magnitude of the negligence is high or preventable actions harm you, you have the right to take legal action. Choosing premier medical negligence trial lawyers can help you be assured of a favorable outcome even if your case goes to trial.
Here are cases in which a patient can sue despite signing a waiver.
- The injury or complication they suffered was a well-known risk, but your waiver did not include it. This violates informed consent.
- Your waiver was ambiguous and failed to adequately explain the risks involved with your treatment.
- Force or threat by the hospital received your consent. Informed consent is only valid if you sign the form by free will. You are also supposed to be in your senses (lucid) to understand the document you are signing.
- A preventable action caused your injury.
- In cases of gross negligence, waivers do not apply. Gross negligence may refer to significant errors that threaten the patient’s life. For example, forgetting a surgical tool inside someone’s body part. Such instances of carelessness are not taken lightly.
What to do if you think you have a case?
If you think you or a loved one have been a victim of medical malpractice, know that you can get legal aid. This, as demonstrated above, can apply even if you have signed a waiver. A good law firm can provide a competent attorney to help you build a case. Show them a copy of your medical disclaimer and carefully explain what went down; they will be able to give you valuable advice.
