I signed a waiver prior to the medical procedure. However, the doctor was negligent and I was injured. Did I waive my rights?
No. All medical procedures must be provided only after the patient has given their informed consent. It is only in an extreme emergency that a doctor may make a decision without seeking the consent of the patient. Patients sign general consent forms when being admitted to the hospital and even more specific consent forms prior to a specific procedure. These consent forms indicate that your doctor has explained to you your medical diagnosis, the proposed treatment, and the risks involved. However, it doesn’t give the doctor permission to be negligent. If the doctor does not provide you with the appropriate standard of care and you are injured as a result, you have the right to file a medical malpractice claim.