You always hope that everything is going to be fine after having a medical procedure so that you can move on with your life in better health.
Unfortunately, things don’t always go to plan. That means you may well find yourself talking to some Indianapolis medical malpractice lawyers, for instance, so that you can discover what action you can take to put things right and get compensation.
One of the first questions you are likely to ask is whether you are actually able to take legal action even if you had signed a waiver before you had the medical procedure.
Let’s take a look at where you stand and what your options are when it comes to being able to take legal action in that scenario.
Understanding informed consent
A good starting point when it comes to knowing what your legal options are would be to have a clear understanding of what a waiver is.
Before you actually undergo any medical procedure, it is highly likely that the health care provider you are using will request that you provide them with informed consent before any procedure goes ahead.
This will involve being given a waiver form, or release form, as it is sometimes called.
This document will confirm in writing that you have a clear understanding of the inherent risks attached. It is also asking you to agree that you will not hold the hospital or the doctor responsible for any injuries or damages suffered as a result of the medical procedure.
The intention of this document is clear from a healthcare provider’s perspective.
They are asking you to confirm that you have had the risks explained and agree not to sue them if something goes wrong.
Does this mean you are unable to sue them?
You might think that signing this waiver will then prevent you from taking legal action at a later date. However, there are certain scenarios and conditions where you may well be able to still file a legal claim despite having signed a waiver.
A waiver is generally designed to provide a certain degree of legal protection for the doctor or hospital that performs the medical procedure. This is standard protocol and provides protection in relation to known risks and complications that are often associated with a specific medical procedure.
However, a waiver will not necessarily cover injuries that you suffer as a result of preventable actions that can be demonstrated to fall below the accepted definition of standard medical care.
In other words, a waiver will not prevent you from taking legal action if there is a case of gross negligence to answer by the health care provider.
You hear of certain medical horror stories, such as when a surgeon leaves an instrument inside a patient by mistake. That would be a prime example of medical malpractice where the waiver you have signed is unlikely to prevent you from issuing a legal claim.
The fundamental point that needs to be remembered is that if you sign a waiver form and the health care provider performs their duties to the required accepted standard and is made aware of specific potential risks, that will make it difficult to launch a legal claim.
Generally speaking, it is generally when you suffer from malpractice as a result of mistakes or actions by the doctor or hospital that you would not be expecting to happen for the type of medical procedure you have.
What other grounds for a claim are there?
Aside from a need to perform emergency medical procedures when a situation is clearly time-critical, a healthcare provider always needs to obtain your consent before going ahead with any medical procedure.
If they perform a procedure that is not authorized and causes you harm, that would be grounds for filing a medical malpractice claim.
If you were not made aware of the risks, or a procedure was carried out without your express consent, these would be clear grounds for filing a legal claim.
Get the right help
In much the same way that a surgeon may specialize in a certain type of medical procedure, it is also the case that there are legal firms that are specifically trained and knowledgeable when it comes to dealing with medical malpractice claims.
Suppose you are unfortunate enough to suffer in some way as a result of a medical procedure that has gone wrong. Or you have valid concerns that a doctor or hospital has not acted in your best interests or with your express consent. These are two examples of when it would be wise to talk to a legal professional who understands this specialist field of legal work.
Despite the fact that you have signed a waiver, this does not provide the health care provider with protection if there is a case of medical malpractice to answer.
Talk to a lawyer who deals with medical malpractice claims as soon as possible.
They will often provide a free consultation where they can conduct a review of your individual circumstances and decide if there is a sufficient basis for proceeding with a medical malpractice claim.
One of the key points to remember about using a lawyer to help you claim compensation is that you may well be entitled to claim for expenses that cover not only your past and present medical costs but future costs too.
The worrying reality is that a lot of patients think that they have given up the right to sue for medical malpractice when they sign the waiver form. A lot of patients also do not fully understand the risks because they may not have been adequately explained to them.
The medical profession has clear standards and protocols that need to be adhered to at all times. Sadly, things can and do go wrong for a variety of reasons.
Signing a waiver doesn’t mean you can’t get the compensation you deserve if you have suffered as a result of negligence or malpractice.
You have nothing to lose and everything to gain from talking to a medical malpractice lawyer if you have suffered at the hands of a doctor or hospital.
