Posted on 11/04/2021

Can I File a Medical Malpractice Lawsuit if I Signed a Liability Waiver?

Can I File a Medical Malpractice Lawsuit if I Signed a Liability Waiver?

Signing a medical liability waiver does not automatically disqualify you from filing a medical malpractice lawsuit. Read that again. 

If you’re unsure if you’ve signed one, or if you don’t know what a medical liability waiver is, that’s totally normal! 

We’re going to discuss what medical malpractice is, what medical liability waivers are and what they mean for your case. 

You can even get a free consultation with an experienced medical malpractice attorney to get started on your medical malpractice case.

You’ve been in pain long enough — don’t wait any longer to take action for yourself. 

What is Medical Malpractice?

Medical malpractice, or negligence, occurs when a health care professional doesn’t provide the standard level of treatment for a patient. In some cases, it can result in death. 

There are several common medical malpractice claims.

Misdiagnosis 

Misdiagnosis or delayed diagnosis occurs when your medical professional fails to diagnose you correctly, or fails to do so in a timely-manner. 

Incorrect or delayed treatment

Receiving incorrect treatment, or not getting your treatment in time, can sometimes result in further health complications. Not to mention this means you could have been receiving the treatment that would have helped. 

Prescription errors

It’s estimated that 7,000 – 9,000 patients die each year from prescription errors. Prescription errors can include receiving the wrong dosage or wrong prescription.

Surgical errors

Surgical errors can involve leaving surgical equipment in the body. They can also include operating on the wrong body (or body part), and errors involving anesthesia.

If you believe you’ve been a victim of malpractice or negligence, speaking with an expert can clarify what to do next. 

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What is a medical liability waiver? 

You’ve signed waivers or releases  in many other forms, but a medical liability waiver refers to your medical treatment.

When you have surgery, blood work, an injection or become a new patient somewhere — you’ve probably signed one. 

A medical liability waiver relieves the medical provider of being sued or held legally responsible in the case of misfortune. 

Simply speaking, it’s a way for health care providers to protect themselves in the case of errors, accidents, or unfortunate events. 

However, even if you’ve signed a release, then that doesn’t necessarily exclude you from submitting a medical malpractice lawsuit. 

If you’ve signed a medical liability waiver, then talking with a malpractice attorney can help you break down what it means for your case. 

In fact, it’s one of the many factors involved in building your medical malpractice case.

Can you file after signing a liability waiver? 

Every medical malpractice case is unique, so this isn’t a straightforward yes or no answer.  

The important thing to remember is that a medical malpractice attorney can help you break down what signing the liability waiver means for your case.

There are specifications and exceptions that your attorney will review with you, so don’t feel discouraged if you believe you signed one. 

Some examples of when you can still file a lawsuit include neglect, informed consent and the language used in your medical liability waiver.

Neglect: Liability waivers don’t always protect your medical professional if they neglected giving standard treatment or care, or if your medical professional acted recklessly in your treatment. 

An example of this could be if your medical professional didn’t follow proper protocol during your medical procedure and resulted in an injury.

Consent: If you weren’t properly informed of the medical liability waiver or a specific section of the waiver, then your medical malpractice lawyer can argue you weren’t provided with the information needed.

An example could be if your surgeon didn’t get your consent before performing a medical procedure. Or if your surgeon didn’t properly explain the risks involved with your medical procedure.

Waiver Interpretation: Some medical liability waivers use unfamiliar phrases that can make it difficult to understand what you’re signing.

In other cases, some medical liability waivers use vague language which can mean the waiver would be null or have no legal binding. 

If you’ve signed a medical liability waiver and are suffering from an injury due to medical malpractice it’s important you speak with a medical malpractice attorney so they  review your waiver and clarify what it means for your lawsuit.

Proving Medical Malpractice

Proving medical malpractice is not an easy-task. 

Your medical malpractice lawyer will have to prove a few things.

  1. That you were directly under the care of the medical professional in question
  2. That your injury is directly related to the quality of care provided by the healthcare professional
  3.  The level of care didn’t meet the standard and thus resulted in harm, injury, and in some cases, death

Your lawyer will need evidence to prove this is a case of medical malpractice or negligence. The more evidence you’re able to provide, the better.

Evidence can include:

  • Doctor’s notes
  • Photos
  • Videos
  • Treatment plans
  • Receipts for prescriptions
  • Receipts for treatments/services
  • Radiology and lab work-ups

Evidence can also include financial documents that support your lost wages due to the injury, such as employment and financial statements, and W-2s. A legal expert can help you understand what kind of documentation will be needed for your medical malpractice case.

When you decide to speak with a malpractice attorney, there are a few things you can expect. You’ll need to plan to get the most out of your meeting. Have the information ready for your meeting. Your attorney can give you a better idea of what to expect and what they think they can do for your medical malpractice case.

How Do I Contact a Medical Malpractice Attorney?

If you’re ready to speak with someone about your medical malpractice case, call Grover Lewis Johnson today for a free consultation.

We understand this is a daunting process, but we are here for you every step of the way. We won’t even charge you legal fees until we’ve won your case.

Reach out and speak with one of our experienced and compassionate malpractice lawyers and let us take it from here.

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