Ohio Medical Malpractice: “If I signed a waiver before surgery, can I still sue?”

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When someone has been hurt badly, or even killed, as the result of a medical mistake, the victim and/or the victim’s family come to me for answers. Doctors, hospitals, and insurance companies will do everything they can to keep you from the truth, but I make it my mission to get to the bottom of what actually happened.

A common concern I hear from victims of medical malpractice pertains to the consent form they were required to sign before surgery. Victims worry they won’t be able to pursue a medical malpractice lawsuit against their surgeon and the hospital because they consented to the surgery.

Signing a consent waiver before surgery does not prevent you from pursuing a medical malpractice claim. When a patient signs a surgery consent waiver, that patient is only acknowledging that he or she has informed consent and understands the following:

  • The medical condition causing surgery
  • All available treatment options and side effects
  • The prognosis of the condition
  • The risks associated with the course of treatment (surgery)

A consent waiver does not excuse any wrongdoing by a medical professional. Please note that doctors are not negligent if a patient experiences a known risk of the surgery. Doctors are only negligent if their behavior falls below the standard of care any reasonable doctor would uphold under the same circumstances, and their mistake causes damage to the patient.

Doctors are also negligent when they commit gross negligence. Gross negligence, by definition, is conduct so reckless that even someone outside of the medical profession could identify it as wrong.

If you or a loved one was a victim of medical malpractice, don’t try to answer these questions alone. Call me right away 1 (877) 944-4373. I will help you get justice. As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.