Patients undergoing surgery or medical procedures are often asked to sign a waiver before treatment. When signing a waiver or release form, a patient acknowledges all of the risks involved with their procedure. It does not matter whether you are undergoing major surgery or minor treatments; you still need to be informed of the associated risks. However, if you were injured during your treatment, you may wonder if you can still sue if you signed a waiver. Talking to Syracuse Medical Malpractice lawyers can help you get answers to your legal questions.
What is a medical waiver?
It is normal for the hospital staff to give the patient an informed consent form before any medical procedure. In most cases, the doctors do not proceed with the treatment if the patient does not sign the waiver.
Signing a release form is considered a confirmation that you know all the risks of your medical procedure. Usually, a nurse or a doctor would converse with you about the potential risks. When you sign the waiver, you are giving your permission to continue the medical procedure despite the risks involved.
What you need to know about medical waivers
There are different names that medical providers use to refer to these types of forms, such as:
- Medical release and liability waiver
- Consent form
- Release of liability
- Liability waiver
- Medical liability release form
- Waiver of liability
No matter what the language is on the form, the purpose is always the same. You might either sign a waiver for one treatment, or your waiver may cover a specific time frame involving multiple procedures.
Can you still take legal action?
You can pursue legal action even if you have signed a waiver. Depending on the facts of your case, you may have a medical malpractice claim and can seek compensation. The waiver protects patients from known problems and risks associated with their treatment. However, if the medical professionals fail to maintain their duty and specific requirements, you may be able to seek financial compensation for injury.
Talk to a lawyer today.
If you or a loved one has been injured during surgery or other medical procedures, you do not have to stay silent just because you signed a waiver. You still have legal options available to you, and talking to an experienced medical malpractice attorney can help you determine what steps you can take next.