Do patients forfeit their rights by signing a release before surgery?
Posted in Firm News, Injuries on May 13, 2021
In most hospitals, patients will need to sign some form of consent before undergoing a medical procedure. Many of these types of forms appear to be blanket releases. They may state that a patient acknowledges the risks of a procedure or that the hospital will not be responsible for a patient’s injuries.
In reality, a consent or a release may not necessarily exculpate a hospital if a doctor negligently injures a patient. Nevertheless, there are some ways that releases may present obstacles to certain types of claims. If you believe a doctor or medical professional was negligent, you may have grounds for a claim. Contact our Seattle medical malpractice lawyers today for a free case evaluation.
Failure to warn
One common basis for medical malpractice claims is that a provider did not warn a patient of potential consequences from a procedure. A consent form that describes specific risks in detail may be a defense to a claim for failure to warn.
Pre-existing conditions
If patients have a pre-existing condition that presents unique risks for certain procedures, they must inform medical providers about it prior to a procedure. A release may indicate that a patient has disclosed all medical conditions. This type of acknowledgement could be problematic for a claim involving complications associated with a condition that providers maintain they did not know about.
Aftercare instructions
Some procedures require very thorough instructions about post-operative care. If a patient signs off on receiving and reviewing instructions, it may be more difficult to claim that a hospital failed to provide them.
Ultimately, a blanket release of all claims will not prevent a person from suing a medical provider for negligence. However, a release could impede medical malpractice claims on grounds such as failure to warn.
Jay M. Kelly III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He is licensed in Washington and heads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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