Doctor Says "Sign This Liability Waiver if You Want Me to do Your Surgery"; Is That Binding?
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NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com
When your doctor tells you you need surgery, he hands you a whole bunch of papers to sign.
When you go to the hospital for pre-surgical testing, they also hand you a bunch of papers to sign.
Contained within those papers is a consent form.
If you read the consent form, it indicates that you have been told that there are risks to the surgery.
It says that the doctor has explained to you the benefits to the surgery as well as alternatives.
Assuming all those risks, benefits and alternatives have been discussed, the hospital and the doctor require you to sign the consent form which gives them permission to go ahead and perform surgery on you.
You should know that a consent form is NOT a license to treat you carelessly.
That consent form is NOT a license that allows them to violate the basic standards of medical care.
It's simply a 'CYA' form designed to protect them in the event you suffer an injury and now want to sue them.
The title of this article talks about something different.
I'm talking about a waiver of liability.
You might be more familiar with this at sporting events such as skiing.
If you want to go skiing at a resort, they will have you sign a document known as a waiver of liability.
You are basically giving up your right to bring a lawsuit against the resort because you know that this activity is inherently dangerous.
Imagine if a surgeon were to ask you to sign a waiver of liability before he performs surgery on you.
Can you imagine a scenario where the doctor says “Listen, this is a risky surgery and under no circumstance will you be permitted to bring a lawsuit against me for any reason whatsoever.”
Do you think that type of document would fly here in New York?
Do you think that would be upheld by court?
Do you think that might violate public policy?
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: [ Ссылка ]...
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: [ Ссылка ]
To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, [ Ссылка ].
If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
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