We'll help you get back to what you love

Taking Legal Action If You Signed a Waiver before a Medical Procedure

Taking Legal Action If Yo…

Patients undergoing complicated medical procedures in Alaska are required to sign a waiver to acknowledge the dangers and risks of the procedure. So, what happens when the procedure causes other complications because of the doctor’s negligence? What does Alaska's medical malpractice law say?

A patient may wonder what laws come into play if they have a valid medical malpractice case in Alaska. They could also be wondering how a waiver impacts their situation; can you file legal action after signing a waiver? A personal injury lawyer can help you understand what Alaska medical malpractice is all about.

What is a Waiver?

A waiver is signed before a delicate or complex medical procedure is performed and it gives your doctor the consent or authority to perform a procedure. The waiver is signed on a release form, acknowledging the risks involved. A waiver also limits or protects your doctor against responsibility if the medical procedure goes south and you’re injured.

Signing a waiver may seem like a good bargain but the truth is that most patients who sign the waivers end up with life-threatening injuries, disabilities, or fatalities in extreme cases.

Can You Sue for Damages after Signing a waiver?

The facts of your case will determine whether you can sue or not–meaning you can still sue. A waiver only removes liability for complications associated with a medical procedure and not preventable injuries resulting from gross negligence or substandard medical care.

Gross negligence can occur when a surgical instrument is left in the patient’s body or when the wrong patient or body part is operated on. Unauthorized or unconsented medical procedures that harm the patient could be a good ground for filing legal action against the medic or the facility.

Benefits of Hiring a Lawyer

What are the advantages of hiring a lawyer?

  1. Legal Knowledge

You cannot handle legal issues if you are without legal knowledge which helps lawyers interpret and apply the law appropriately. Also, lawyers understand court procedures you may not be familiar with, such as court protocol, the jury, pitfalls for failure, and others.

  1. Experience

Experience is acquired through handling many cases which helps in navigating difficult cases because you get to know important things, such as what works, what to avoid, and the measures to take to succeed in a case.

  1. Legal Counsel

A lawyer’s advice can be invaluable when preparing for trial. Lawyers offer a free consultation to prospective clients and that can be a great opportunity to get an expert opinion about your legal situation.

  1. Court Protocol

Court protocol refers to court etiquette, there are laws governing how people should behave when in court. Most judges are intolerant of ignorance and that’s why you might need a lawyer to avoid mistakes in court.

  1. Legal Connections

Lawyers contact other experts for different matters. The experts can be investigators, doctors, or accountants, depending on the need at hand. For instance, a lawyer might need to consult a medic in medical malpractice cases but you may not know where to start.

Taking legal action for medical malpractice after signing a waiver varies by case and that’s why victims of medical malpractice should consult or involve a legal expert to determine whether they have a case or not.

Categories: Medical Malpractice