If you were the victim of medical malpractice, you may be wondering if you can take legal action. The answer to this question depends on a number of factors, including whether or not you signed a waiver before your medical procedure. Our New Jersey medical malpractice attorneys at the law firm of Gelman Gelman Wiskow & McCarthy LLC explain what you need to know about taking legal action if you signed a waiver before a medical procedure.
In some cases, patients who have been injured by medical malpractice are unable to take legal action because they signed a waiver before their procedure. Waivers are often used in medical situations where there is a risk of complications. By signing the waiver, the patient is essentially agreeing that they understand the risks and will not hold the medical professional liable if something goes wrong.
However, just because you signed a waiver does not mean that you are completely prevented from taking legal action. There are some circumstances in which you may still be able to file a medical malpractice lawsuit, even if you have signed a waiver.
There are a few circumstances in which you may be able to take legal action against a medical professional even if you have signed a waiver.
First, if the medical professional breached the terms of the waiver, you may be able to take legal action. For example, if the medical professional did not disclose all of the risks associated with the procedure, you may be able to argue that the waiver is invalid if you suffer an adverse effect.
Second, you may be able to take legal action if you can prove that the medical professional was negligent in some way. Negligence is when a medical professional fails to provide the standard of care that a reasonably prudent medical professional would have provided in the same situation. If you can prove that the medical professional was negligent, you may be able to take legal action, even if you signed a waiver.
Third, you may have a valid claim if you were the victim of gross negligence. This is when a medical professional demonstrates a wanton or reckless disregard for your safety. This is a higher standard to meet than simple negligence, but if you can prove that the medical professional was grossly negligent, you may be able to take legal action against them.
If you were the victim of medical malpractice, don’t wait to take legal action. You may only have a limited amount of time to file a claim, so it is important to speak with an experienced medical malpractice attorney as soon as possible. At the law firm of Gelman Gelman Wiskow & McCarthy LLC, our attorneys have extensive experience handling medical malpractice claims. We will thoroughly review your case and help you understand your legal options. To schedule a free consultation, give us a call or contact us online today.