Does Signing a Waiver Prevent You from Filing a Medical Malpractice Claim?

Does Signing a Waiver Prevent You from Filing a Medical Malpractice Claim?

All medical procedures come with potential complications and side effects. There are risks going into any type of medical procedure even those that are not so intrusive. Because of this, when there are known risks for having a procedure done, even when it is done properly, patients are required to sign legal documents that show they understand the complications that may occur and they consent to have the procedure done anyway.

Waivers help shield medical facilities and medical professionals from medical malpractice claims should a patient experience adverse side effects from their procedures. While waivers are an important protection for those that work in the medical industry, they are not always bulletproof. Meaning, there are situations where a patient may sign a waiver, have a procedure done, and then still have the right to file a medical malpractice claim for the harm they sustained after their procedure was done.

Medical malpractice claims are some of the most challenging for victims to win. Often, medical professionals will be given the benefit of the doubt and overcome claims against them. But when negligence was so gross in nature, a victim may be able to obtain the financial compensation they need for the damages suffered. If you were harmed by a medical professional or medical facility in Mississippi, please call the Jackson medical malpractice attorney at Germany Law Firm, PLLC to have your case reviewed.

When Does a Waiver Not Protect Medical Professionals from a Medical Malpractice Suit? 

Does Signing a Waiver Prevent You from Filing a Medical Malpractice ClaimWhen you schedule a medical procedure, as a patient, you will be asked to give what is called your informed consent to having the medical procedure done. What informed consent means is that you understand what the procedure you are undergoing is and comprehend what known risks could result and you accept these risks and will not take legal action if you suffer from any. 

This is why it is so important to fully read through the known risks and talk with your doctor extensively before you submit to having a medical procedure done. While your doctor can make no guarantees, they may be able to tell you how high your threat level is for undergoing a certain procedure. Also, your doctor should be able to give you an idea of if those dangers are worth the potential therapeutic outcome of your procedure and your overall health and wellbeing.

While a waiver does limit your ability to respond with legal action when you suffer a side effect of your procedure, in certain situations you may still file a claim despite the waiver. In the following situations, you may be able to file a Mississippi medical malpractice claim:

  • Preventable injuries a patient suffered from actions taken that did not meet the basic standards of medical care.
  • A healthcare provider or facility was grossly negligent such as performing surgery on the wrong body part.
  • Unauthorized medical treatment outside of an emergency.
  • Administered treatment that was previously refused by a patient.

Speak to a Jackson Medical Malpractice Attorney Today

The aftermath of a medical error can cause long-term physical harm and even the development of disease. If negligent medical errors caused your trauma, please call the Jackson personal injury attorney at Germany Law Firm, PLLC today to schedule a free consultation at (601) 487-0555.