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Can I Still Sue After I Signed a Waiver Before a Medical Procedure?


Patients who undergo surgery or otherwise a medical procedure are generally required to sign a waiver or release form. Not only does the waiver ensure you acknowledge the inherent risks of the procedure, but you also affirm that you will not hold the doctor or health care provider responsible for any injuries you sustain after undergoing the procedure. 

While this may appear like a reasonable contract, the truth is that many patients who sign these waivers do not realize that they will be unable to file a medical malpractice lawsuit if they knowingly give the doctor or medical professional their informed consent. In general, waivers protect health care providers and hospitals from the known complications and risks associated with performing certain procedures, so long as such parties act within the accepted medical standard of care. 

However, if a patient is simply given a waiver to sign without the doctor or medical professional explaining all the information regarding the treatment, he/she could argue that their consent was uniformed, which would enable him/her to take legal action. 

On the other hand, if your injury was caused by a preventable action because the health care provider’s actions fell below the accepted medical standard of care, you can still take legal action despite signing a waiver. Furthermore, a waiver does not protect medical professionals who harm patients due to gross negligence or recklessness, which includes operating on the wrong body part or leaving surgical instruments inside the patient’s body. 

In order to succeed in a medical malpractice case after signing a waiver, injured patients must prove the following: 

  • The health care provider deviated from an accepted standard of care. 

  • The victim’s damages or injuries were directly caused by a health care provider’s deviation from care. 

  • The damages or injuries were the result of actions not reasonably covered under “informed consent” risks. 

If you or a loved one has been injured due to medical malpractice in Weston, FL, contact Rash Mueller today at (954) 914-7116 and schedule an initial consultation. Get a legal team with more than four decades of combined legal experience on your side! 

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