The vast majority of people who are injured due to medical malpractice never file a claim or even a lawsuit. This may be because they signed a waiver before their medical procedure. However, that doesn't necessarily exclude you from pursuing a medical malpractice claim. Murphy, Falcon & Murphy is a medical malpractice lawyer based in Baltimore. Below, we'll examine how to take legal action even if you signed a medical waiver. Call us for a free consultation today!
What is a Medical Waiver?
In most cases, if you undergo a pre-planned medical procedure, you will sign a medical waiver that waives your right to hold the doctors, healthcare professionals, and the healthcare facility legally liable for damages. Most people don't even read these because we are so accustomed to signing them for many different services.
In Most Cases, You Can Still Sue for Medical Malpractice For Gross Negligence
Medical malpractice is defined as a breach in the standard of care provided by the medical professional who harmed the patient. Most medical waivers protect healthcare personnel against something that goes wrong beyond their control. However, if they are grossly negligent, then they can be sued for their personal actions.
You Did Not Provide Informed Consent for the Waiver
Sometimes patients sign medical waivers without being informed. For instance, if you are about to undergo a medical procedure and you are incapacitated in some way, such as with anesthesia, that could be grounds for uninformed consent. Another instance is where nothing is explained to you verbally about the procedure; you are simply handed a form to sign.
Speak With a Medical Malpractice Attorney
Medical malpractice attorneys have dedicated their lives to ensuring that if an injury occurs under a medical professional that they receive just compensation. If you suspect you are the victim of a medical malpractice, reach out to a personal injury lawyer who can evaluate your case and make a determination.
PARTNER WITH MURPHY, FALCON & MURPHY TODAY
Our medical malpractice lawyers are passionate about ensuring justice under the law. Even if you signed a medical waiver for your procedure that you deem has harmed you, you have rights under Maryland law. Call Murphy, Falcon & Murphy in Baltimore for a free consultation today!