Taking Legal Action If You Signed a Waiver Before a Medical Procedure
Signing a waiver or release form before a medical procedure indicates that you understand the potential risks associated with your procedure. Should risks or complications arise, the medical institution, doctors and staff will not be held legally liable because you provided your informed consent. However, in situations of gross negligence or if you believe you have received below-average care, your waiver might be unenforceable. If you suffer injuries from preventable actions following your medical procedure, you may be able to pursue legal action. If you are unsure whether you have a claim, contact the attorneys at the John Mobley Law Firm for a free consultation even after you have signed a release form.
Although you have given your informed consent on the potential risks of medical procedure, there are things that your waiver does not account for. Your waiver may be unenforceable if:
- It is broad or unclear
- It underestimates complications
- Known risks are kept from you
- The wrong dose of something was administered
- The wrong medication was administered or incorrect procedure was performed
- Foreign objects are left in your body
Even if you were placed under anesthesia while your procedure was performed, medical records and other witnesses in the operating room might be able to attest to an error, also making your release form unenforceable.
Just because you sign a release form doesn’t mean medical professionals can get away with anything that happens during or after your procedure. You still. may be entitled to compensation if you have suffered a preventable injury or unforeseen challenge following a medical procedure.
Even if you believe you have no case because you signed a waiver, schedule a free consultation with the experienced attorneys at the John Mobley Law Firm. Our attorneys have lots of experience with personal injury and medical malpractice. We can determine whether you have a good case and will fight to get you the compensation you deserve.