Home Health Taking Legal Action If You Signed A Waiver Before Surgery In Miami

Taking Legal Action If You Signed A Waiver Before Surgery In Miami

by Tracy Finke

Have you ever noticed that you signed a waiver and informed consent at the hospital before the Surgery? There must be some questions roaming in your mind about these waivers. A Miami medical malpractice attorney can help you in case of any discrepancy. This blog will discuss taking legal action if you signed a waiver before surgery in Miami. Click on this link and let us start.

What is a Waiver

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Before any medical procedure, a releasing form or a waiver and the informed consent form are provided to the patient to sign. This waiver ensures that the patient is aware of the risks involved with the medical treatment and that you agree not to hold the hospital or any doctor responsible for any injuries incurred to you after the treatment.

Legal Action

Yes, you can file a claim for medical malpractice case even if you have signed a waiver in some cases. In cases of common risks involved with the medical procedure, you can not sue the doctor or the hospital. While in the case of gross negligence by the doctor, you can claim compensation. For example- you were leaving a surgical instrument in the patient’s body. In the negligence case, an otherwise accepted standard of care was expected from the doctor but not provided.

Medical Malpractice Claim

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If gross negligence by the doctor caused you any injury even after signing a waiver, then you approach the court. You can claim compensation in the court for the re-surgery procedures, medical bills, medicine prescriptions, lost wages, and compensation for mental trauma to the patient. A Medical Malpractice Lawyer will help you file the claim in court and to calculate the compensation amount.

Sue with a Medical Waiver

Even when you have signed a waiver, you can still sue the hospital or the doctor. If you suffered the complication not mentioned on the waiver, the release described the difficulty you suffered unambiguously, or the medical professionals took your signatures on the disclaimer through pressure or forced you.

Proving Negligence

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Your injuries or damages can prove negligence by the doctor. Your wounds will prove that they were not mentioned under the waiver and fall under negligence by the hospital.

Accidents can sometimes (more often than you think) leave the victims and their families bereft of joy. Their ability to think straight is clouded by the worry of how they’re going to pay for the money that’s needed for proper treatment! That’s not all: insurers get into the skin of the victims so much that most people end up accepting the little amount that the company is trying to offer because either, a) they don’t know what is the right amount of claim that they should get, or b) they want the insurers to leave them undisturbed.

Both the scenarios mean that the victims lost their right to get a fair and just settlement. This is exactly why you shouldn’t be dealing with insurers, your lawyers should. An Aventura personal injury lawyer is fully aware of what the state laws are, which injuries are classified as serious injuries, and how to make the guilty pay for the monetary losses you’ve faced and will face until you’re fully recovered.

If you’re wondering whether or not your injuries come under the category of personal injuries where you can file for a claim, we can help. Reputable lawyers at firms classify the following injuries as cases of injuries where the victim is eligible to get compensation.

  1. Dog bites.
  2. Amputation.
  3. Serious life-altering injuries such as spinal cord damage, nerve damage, and brain damage.
  4. Injuries that are worsened due to medical malpractice and negligence.
  5. Pedestrian injuries.

The list is long! If you have even the slightest suspicion that you deserve more compensation than you’re being offered or you’ve suffered mental and emotional trauma that cannot be quantified by any tests, contact a personal injury law firm. With an extensive winning track record, the lawyers at such firm aren’t just skilled and experienced, they’re also compassionate.

The many ways in which a personal injury lawyer might be able to help are as follows:

  1. They will offer a free review of your case to start with.
  2. They will study your case in-depth once you hire them.
  3. They won’t charge upfront because they know you’re already financially struggling.
  4. They will include their fee in the final settlement amount so that you don’t have to pay anything from your pocket.
  5. They will collect strong pieces of evidence, get your reports analyzed by experts, and even recreate the accident scene to prove your innocence.

Most importantly, they will deal with your insurance company and that of the guilty party too so that you can focus on recovering. If you want to save yourself from any mental trauma further, compassionate attorneys are your only rescue.

The hospital at large

Hospitals, both public and private, can be held accountable for their carelessness and that of their employees. In principle, they are liable for any staff member’s acts that may have resulted in a patient’s injury while that person was executing job-related activities. In rare situations, hospitals can be held accountable for the actions of non-employees or for granting non-employees staff rights. Furthermore, because hospitals are supposed to have enough nurses on duty at all times, they may be held liable for patient harm caused by a nursing shortage.

Nurses and Physicians

Source: physicianspractice.com

Nurses, nurse practitioners, and physician’s assistants are examples of licensed healthcare providers. Nurses do not carry considerable liability insurance; therefore, you make many complaints against the institution or any medical physicians supervising the employee rather than the nurses themselves. You could hold the individual or the institution accountable since they work for a hospital or healthcare facility.

Your local chemist

Medical malpractice can occur when pharmaceutical firms or pharmacists make errors or blunders. In medical malpractice proceedings, a pharmaceutical corporation or manufacturer may be accountable if they neglect to notify physicians of a medicine’s possible adverse effects or hazards and the drug caused the patient’s injuries.

Physicians are responsible for discussing pharmaceutical dangers and side effects since they have a primary responsibility of care to their patients.

And last but not least, doctors

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Because most doctors in Miami are considered independent contractors, medical insurance is absent for them. Because independent contractors are not the same as employees, legal action would almost certainly have to be against the doctor rather than their employer.

In general, a doctor’s culpability arises when there is injury due to the doctor’s bad behavior, which falls significantly below the reasonable standard of care. As a result, the patient should develop a relationship with the primary doctor. Even if they are dealing with assistants, the patient should be able to communicate with the assistants at all times. Here not only would a patient prevent a hazardous situation to the body arising but also ensure peace of mind.


Although the waivers can save the hospitals or the doctors in some cases, the release is of no use in cases of gross negligence. In case of doubt at any point, A medical malpractice lawyer can help you and guide you.