If you have had a medical procedure or surgery, you may have been asked to sign a medical waiver. A medical waiver typically includes language that acknowledges that you have been warned about the medical risks of the procedure and that you understand that you cannot hold the doctor or medical providers at fault if you suffer from known complications from a medical procedure. A medical waiver could prevent you from pursuing a medical malpractice claim if you suffer from known complications or risks.
Signing a medical waiver may not bar you from all medical malpractice claims. There are situations where you still may be able to pursue a medical malpractice claim after you have signed a medical waiver. These situations include:
- You were injured because medical providers didn’t provide the standard of care or aftercare for your procedure, and this led to the development of complications
- The doctor or medical provider acted negligently or recklessly during the procedure
It can sometimes be difficult to know if you received appropriate aftercare or if you suffered because your medical provider acted negligently in the operating room (you were likely under anesthesia, after all!). If you suffered complications after a medical procedure or are facing the need for ongoing care after what should have been a simple medical procedure, you may want to speak to the Boca Raton, Florida medical malpractice lawyers at Bernstein Polsky today. Our medical malpractice attorneys can help you seek independent medical reviews and look closely at your situation to see whether you might have a case.
Some Examples of Medical Malpractice
What are some examples of medical malpractice that can arise even if you signed a waiver? Let’s say that typical aftercare for a certain procedure is the prescription of certain antibiotics. If you weren’t given these antibiotics, you may be able to make a claim. If you were released from the hospital earlier than you should have been and didn’t receive proper monitoring as a result, you may also be able to make a claim. Other situations can include surgeons leaving instruments inside a patient or operating on the wrong body part. There have also been extreme cases where a surgeon was under the influence of drugs or alcohol or behaving unprofessionally while performing surgery (a case where a surgeon stood on an electric unicycle while performing surgery comes to mind).
If you’ve suffered serious complications and suspect you may be a victim of medical malpractice, you may want to reach out to the Boca Raton, Florida personal injury lawyers at Bernstein Polsky today.
Firm contact info:
95 South Federal Highway, Suite 200
Boca Raton, Florida 33432
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