How A Medical Malpractice Waiver Can Affect Your Claim

What Is A Medical Malpractice Waiver?Medical Malpractice Waiver

A medical malpractice waiver is a form a healthcare provider may ask you to sign prior to any medical treatment. The medical procedure can then be performed with your consent, but in the event of any complications arising from the medical procedure this waiver may prevent you from filing suit. Typically, these waivers contain information about the inherent dangers associated with any medical procedure. Agreeing to the waiver will generally prevent you from filing a lawsuit for any commonly known risks or complications that may occur during the treatment.

Does a Medical Malpractice Waiver Prevent a Lawsuit?

No. Signing a medical malpractice waiver will not completely prevent you fro filing a lawsuit against a healthcare provider for injuries you sustained during medical treatment. The medical malpractice waiver will prevent you from filing a lawsuit against a healthcare provider for known injuries or complications often associated with the medical treatment.

However, the waiver will not prevent you from filing a suit against a healthcare provider’s actions that fall below the accepted reasonable standard of care in the area the doctor practices in.

Healthcare Provider’s Gross Negligence

Additionally, you will not be prevented from filing a suit against a healthcare provider when the healthcare provider is grossly negligent in his actions. Gross negligence means that a healthcare provider’s acts were reckless and fell below the standard of care of a reasonable healthcare provider would use under similar circumstances. An example of a healthcare provider acting grossly negligent is if the healthcare provider leaves surgical instruments inside a patient after a surgery.

Consent To Medical Treatment

You may also file a medical malpractice lawsuit against a healthcare provider if you consent to treatment and the healthcare provider does not fully disclose all of the risks associated with the treatment. You can also file a medical malpractice claim against a healthcare provider who performs a medical treatment on you without your consent, unless that medical treatment is an emergency.

Contact Stolmeier Law

Stolmeier Law is a family law firm that has represented medical malpractice and other personal injury victims in San Antonio and South Texas for over 35 years. We are not like the big TV lawyers that treat you as another case number or billable hour. You will not be delegated to the lowest and most inexperienced attorney at our firm, like at other law firms. We have the knowledge and experience to regularly defeat high priced defense lawyers. We will stand shoulder to shoulder with you and treat you as an extension of our family. So if you or a loved one has suffered life changing injuries from medical malpractice, contact Stolmeier Law. Let this family fight for you.