Can I Sue for Medical Malpractice if I've Signed a Liability Release?
Patients rely on medical professionals to care for them when they are at their most vulnerable. Unfortunately, countless individuals suffer injuries while under the care of a medical professional. When a doctor’s recklessness or neglect causes a patient injury, it is considered medical malpractice.
Medical malpractice victims may be due compensation for injury damages. However, doctors frequently have patients sign a release of liability prior to medical care. Individuals who are interested in filing a medical malpractice lawsuit after signing a liability release can work with medical malpractice lawyers at Zucker & Regev, P.C., in Brooklyn, NY, to determine if they still have legal options regarding financial compensation for injury losses.
What Is a Liability Release?
It has become increasingly common for doctors and/or hospitals to ask patients to sign a liability release form prior to treatment. Liability release forms are a way for medical professionals to protect themselves from legal action in the event that an unforeseen complication occurs during a surgery, treatment, or other medical procedure. Essentially, liability release forms state that the patient won’t pursue legal action if something goes wrong during their procedure.
Another form that patients may be asked to sign prior to medical treatment is a waiver, or informed consent form. An informed consent form is similar to a liability release, but not exactly the same. The informed consent form verifies that the patient is aware of the potential risks of treatment and is willing to undergo medical care. This form prevents patients from saying that they were treated without their consent.
Does a Release Prevent Me from Filing a Lawsuit?
Most people assume that a liability release prevents them from taking any legal action following a failed or complicated medical procedure. However, that is not exactly the case. A liability release protects medical professionals from legal action in the event that something goes wrong during treatment that is beyond their control. Liability releases generally do not apply to cases involving gross negligence or medical malpractice.
If a medical professional is reckless or negligent in their care, a lawsuit can likely still be filed regardless of whether the patient signed a liability release. The difference between medical malpractice and the natural risks of medical treatment is that medical malpractice refers to complications and/or injuries that develop when a medical professional fails to provide care that meets the accepted standard. In other words, if they act recklessly or make a mistake that another similarly trained medical professional would not be expected to make, it is medical malpractice.
When to Consult with a Medical Malpractice Lawyer
Laws regarding medical malpractice are complex, but if a patient is injured as the result of medical treatment, it is always worth consulting with a medical malpractice lawyer to determine if a lawsuit can be filed. Our Brooklyn lawyers are happy to examine the details of a case to establish whether neglect led to a patient’s injuries. If so, they may be due compensation for damages such as medical expenses, lost wages, and pain and suffering.
Contact Zucker & Regev, P.C.
If you have suffered injuries that you believe were caused by medical neglect, medical malpractice attorneys at Zucker & Regev, P.C., can review your case to determine if you are due financial compensation for related damages. To schedule a personal consultation, send us a message online, or call our Brooklyn law firm at (718) 624-1211.