A waiver is a voluntary relinquishment of some privilege or right. Waivers are contracts and when you sign a waiver you must be aware of all the underlying risks. Waivers are often used to prohibit someone from suing if negligence occurs. Minors cannot sign waivers and if they do they will not be legally enforceable because they are contracts. Waivers are very specific and concise so you need to read the wording very carefully. Having legal counsel that can guide you is your best option to consider before you sign anything or if you need help with a waiver that you already are locked into. Businesses use waivers to limit their responsibility in a lawsuit in the event of a personal injury. Medical malpractice is very serious as it affects thousands of patients each and every year. As a patient, you have to put your trust in doctors and their ability to provide them with effective treatment methods. Medical malpractice lawsuits are constantly being filed because patients feel like their medical professional was negligent and did not provide them with the best treatment option. Healthcare providers want to avoid anyone taking legal action because of all the lawsuits that can result from medical malpractice. Patients often sign release forms and waivers before undergoing any surgeries or taking any prescribed medicine. With waivers and release forms, you are clarifying you understand the risks from each of these types of treatment and are going your doctor’s consent to operate on you or provide you with medical treatment. Zappitel Law Firm which is located in Delray Beach, Florida specializes in malpractice lawsuits and can help you!
Filing a Malpractice Lawsuit After Signing a Waiver
When you sign a waiver in most instances you also lose your ability to file a medical malpractice lawsuit. Any medical institutions and doctors that are in charge of your care were given consent by you. One of the few instances, when you can still file medical malpractice after signing a waiver, is if you feel you were not provided informed consent. If you sign a waiver to undergo treatment the medical professionals are still responsible for informing you of all the details about your treatment method. A doctor can not just give you a waiver to sign then give you surgery right away without informing you about the specifics of the surgery and the possible side risks you may be facing.
Gross Negligence and Malpractice
If you prove you suffered an injury due to your doctor displaying grossly negligent treatment methods you can still file a malpractice lawsuit. If the doctor is clearly in the wrong they will be held responsible and can face a malpractice lawsuit. Health care providers can only not be held liable if something in the treatment occurs that is completely out of their control. Doctors and medical providers cannot stop you from filing a malpractice lawsuit if you act in a reckless manner and provide you with poor treatment.