Can You Sue Hospital if You Sign A Waiver?

Signing a waiver before undergoing medical treatment or surgery is a common practice. These waivers are intended to inform patients of the potential risks associated with the procedure and to release the hospital from liability for certain outcomes. However, it's important to understand that signing a waiver does not completely absolve a hospital or its medical staff from liability in cases of negligence or medical malpractice. Here's a detailed exploration of how and when you can sue a hospital for medical malpractice even if you've signed a waiver.

Understanding Medical Waivers and Informed Consent

Purpose of Waivers

Medical waivers are documents that patients sign to acknowledge that they have been informed of the risks, benefits, and potential complications associated with a medical procedure. The primary purpose of these waivers is to ensure that patients give informed consent and understand the inherent risks before proceeding with treatment.

Limitations of Waivers

While waivers are designed to protect healthcare providers from lawsuits over known risks and complications that are inherent to medical procedures, they do not protect against all forms of liability. Specifically, waivers cannot shield healthcare providers from being sued for acts of negligence or medical malpractice.

Negligence and Medical Malpractice

Definition of Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management. Examples of medical malpractice include surgical errors, misdiagnosis, delayed diagnosis, medication errors, and failure to obtain informed consent.

Negligence vs. Inherent Risks

Waivers generally cover the inherent risks of a procedure, such as potential side effects or complications that can occur even when the procedure is performed correctly. However, negligence refers to actions or omissions by healthcare providers that deviate from the standard of care. Waivers cannot absolve healthcare providers of liability for negligence.

Legal Principles and Protections

Public Policy and Enforceability

Most jurisdictions hold that waivers cannot absolve healthcare providers of liability for negligence due to public policy reasons. The law generally protects patients from being forced to waive their right to pursue legal action in cases of negligence or malpractice. Therefore, even if you sign a waiver, you retain the right to sue if you can prove that negligence occurred.

Informed Consent Requirements

A valid waiver requires that patients be fully informed about the procedure, including its risks, benefits, and alternatives. If a healthcare provider fails to provide adequate information, the waiver may be considered invalid. Lack of informed consent is itself a form of medical malpractice.

Steps to Take if You Are Unhappy with the Waiver and Suspect Malpractice

Review the Waiver

Carefully review the waiver you signed to understand what risks were disclosed and what you agreed to. Look for any language that might limit your rights and compare it to the standard practices for informed consent.

Gather Evidence

Collect all relevant medical records, including documentation of the procedure, your consent form, and any communications with healthcare providers. This evidence will be crucial in proving negligence or malpractice.

Consult an Attorney

Seek the advice of an experienced medical malpractice attorney who can assess your case, explain your rights, and guide you through the legal process. An attorney can help determine whether the waiver is enforceable and if you have grounds for a malpractice claim.

Obtain Expert Opinions

In medical malpractice cases, expert testimony from other healthcare professionals is often necessary to establish that negligence occurred. Your attorney can help you find qualified experts to review your medical records and provide testimony.

File a Claim

If your attorney determines that you have a valid malpractice claim, they will help you file a lawsuit against the hospital or healthcare provider. The claim will outline the alleged negligence, the harm you suffered, and the compensation you seek.

Potential Outcomes of a Medical Malpractice Lawsuit

Compensation for Damages

If your lawsuit is successful, you may be entitled to compensation for various damages, including:

  • Medical Expenses: Costs of additional medical treatment, surgeries, medications, and rehabilitation.

  • Lost Wages: Compensation for time missed from work due to the injury and recovery.

  • Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.

  • Future Care: Costs associated with long-term care or permanent disability resulting from the malpractice.

Settlement vs. Trial

Many medical malpractice cases are settled out of court, where the hospital or healthcare provider agrees to pay a negotiated amount to the plaintiff. However, if a settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.

Conclusion

Signing a waiver before a medical procedure does not prevent you from suing a hospital for medical malpractice if negligence occurs. Waivers are intended to inform patients of the inherent risks of a procedure, but they do not shield healthcare providers from liability for negligent actions that fall below the accepted standard of care. If you believe you have been a victim of medical malpractice, it is essential to review the waiver, gather evidence, consult with an attorney, and take appropriate legal action. By understanding your rights and the limitations of medical waivers, you can seek justice and compensation for the harm you have suffered.