Can I File a Medical Malpractice Claim if I Signed a Waiver Before a Medical Procedure?
Often, before a patient undergoes a medical procedure, they must sign a waiver or release form. If you signed a waiver and have suffered harm after a medical procedure, you may be wondering if you can still file a medical malpractice claim. So, does signing a waiver bar you from filing a medical malpractice claim and seeking compensation? In Florida, if you suffer harm after a medical procedure, you may still be able to file a medical malpractice claim against a healthcare provider or hospital even if you signed a waiver. Read on to learn more!
What Is a Waiver?
A waiver is a document generally explaining the procedure being performed, the involved risks and complications, and alternatives to the procedure. Often, these forms include some language requiring patients to release their right to sue. If a patient refuses to sign a waiver, they may not get the treatment they need. So, often, people sign these forms, only to find themselves in tough situations when something goes wrong, and they sustain serious injuries.
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional deviates from the set health standards and harms a patient. It is governed by Chapter 766 of the Florida Statutes. According to this law, patients can hold a medical professional liable if the provider breached the duty of care they owed them and caused injury or damages.
Can I Sue if I Signed a Waiver?
Signing a waiver before a medical procedure does not automatically mean you cannot file a medical malpractice claim against your doctor or the hospital. Waivers protect hospitals and healthcare professionals from the known and accepted risks and complications often associated with the procedure. However, they may not necessarily cover injuries that occur due to preventable actions that fall below the accepted standard of care. In other words, signing a waiver does not excuse a hospital or medical provider from meeting the standard of care. If you suffered harm from something that was not a known and accepted risk or a preventable mistake, such as operating on the wrong body part, the waiver does not bar you from filing a medical malpractice claim.
Second, suppose you were not adequately informed about the procedure and possible risks and complications associated with the procedure before the procedure started. In that case, the waiver may be invalid, and you may be able to file for medical malpractice. In Florida, simply signing a form does not guarantee informed consent. The doctor must ensure you understand the information provided.
Lastly, a waiver will not protect a healthcare provider or hospital from harm caused by gross negligence. Gross negligence means showing an extreme lack of care to a point where it appears the individual did not care about the safety or well-being of others. It represents an extreme departure from the ordinary standard of care.
Proving ordinary negligence, gross negligence, or lack of informed consent can be challenging. It’s best to work with an experienced medical malpractice attorney who can help you gather evidence and prepare a strong case.
Contact an Experienced Tampa Medical Malpractice Attorney
If you’ve suffered harm after a medical procedure and signed a waiver, contact our experienced Tampa medical malpractice lawyers at Gunn Law Group P.A.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766.html
