Blog
Can I File a Medical Malpractice Claim if I Signed a Waiver of Liability Before Surgery?
Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on January 20, 2023 and updated on April 27, 2026.
You have probably signed a waiver of liability before. For example, you may have signed such a document before going jet skiing or joining a gym/fitness center. You may have even signed a waiver before undergoing surgery at a hospital or outpatient facility.
Yes, you may still be able to sue for medical malpractice after signing a liability waiver if the injury was caused by care that fell below accepted medical standards. A waiver may show that you understood certain known risks, but it does not automatically protect a doctor or medical facility from liability for negligent treatment.
These documents say that the person signing gives up their right to take legal action to hold the doctor or medical facility liable for damages that result from the procedure. This raises the question of whether such a document could be enforced if you suffer an injury caused by medical malpractice.
You can be sure liable parties will try to enforce this waiver to shield themselves from financial liability for your injuries. However, a liability waiver might not hold up in court, especially if your lawyer can show the doctor did not uphold the appropriate standard of care during the procedure.
If you have legal questions after being a victim of medical malpractice, call The Law Offices of Peter T. Nicholl today to learn more about how we may be able to assist you. There are no upfront fees with our services, and the medical malpractice lawyers from our firm have obtained millions on behalf of medical malpractice victims.
Free initial legal consultation. Call us at 410-401-9979.
What is Included in a Waiver of Liability for a Medical Procedure?
Liability waivers may be called something different by hospital staff. For example, they might call these documents:
- Consent forms
- Release of liability
- Medical liability release
- Medical liability waiver and release
A typical waiver will include certain information. For example, the document will describe what is involved in the surgery/medical procedure, along with the potential risks. There will also be a section explaining that your signature means you are waiving your right to take legal action against the doctor or hospital if you get injured directly because of one of the risks you were informed of.
If you are undergoing surgery on your spinal cord, the waiver may explain the potential risks include paralysis or even death. Other potential risks that may be listed on a waiver of liability include excessive bleeding, injury to surrounding tissues, disability or loss of mobility.
The waiver will also detail the patient’s financial responsibility for the procedure, including what is covered by insurance.
Signing a waiver of liability demonstrates that you have informed consent, meaning you are aware of the risks of the procedure. Even though you have given informed consent about the risks, doctors have a legal obligation to provide care that meets accepted standards in the medical community.
Patients usually sign these forms while they are being admitted to the hospital. That means they sign release forms while signing other admissions and insurance coverage documents.
Can a Waiver of Liability be Enforced After Medical Malpractice?
This is a question to discuss with an experienced attorney, as there are many factors that must be considered. Even if the waiver is enforceable, the doctor’s actions may have been beyond the scope of the contract. For example, it is possible the injury you suffered was not one of the inherent risks of the procedure. You may have suffered the injury because of the doctor’s malpractice.
Even if your injury was one of the inherent risks of the procedure, you may have suffered the injury because of the doctor’s carelessness. He or she may have done a poor job of monitoring you during the procedure or a poor job of responding to complications. If his or her actions were a breach of the standard of care, there may be a case.
It is important to note that it is usually not up to a doctor to determine the inherent risks of a procedure. This may be a question of law that is best left to a jury or a judge. In other words, some of the inherent risks listed on your liability waiver form may not be inherent risks of the procedure. Most patients are not going to know because they do not have the same training and education as licensed doctors.
It is vital to be cautious about what you are signing when you get medical treatment. You do not want to sign away your rights and be unable to seek compensation for damages you might suffer. You also should not listen to the doctor about legal issues. You should get legal help from qualified professionals who have your best interests in mind. Doctors simply want to avoid lawsuits.
Frequently Asked Questions About Medical Malpractice Claims After Signing a Waiver in Baltimore
Can I still file a medical malpractice claim if I signed a waiver?
Yes, signing a waiver does not automatically prevent you from filing a medical malpractice claim in Baltimore. A waiver may acknowledge known risks, but it generally does not excuse negligent care, preventable errors, or a provider’s failure to follow accepted medical standards. The Law Offices of Peter T. Nicholl can review the waiver and related medical records.
Does a medical consent form protect a doctor from malpractice liability?
No, a medical consent form does not automatically protect a doctor from malpractice liability. Consent forms usually address risks of a procedure, but the claim may still focus on whether the provider acted negligently before, during, or after treatment. The legal issue is whether the injury resulted from accepted risk or substandard care.
What is the difference between accepting a medical risk and malpractice?
Accepting a medical risk means you were informed of a possible complication that can occur even with proper care. Malpractice involves a preventable failure to meet accepted medical standards, such as poor technique, delayed diagnosis, medication errors, or inadequate monitoring. The Law Offices of Peter T. Nicholl can assess which category the facts may support.
Can I sue if I signed a waiver before surgery in Baltimore?
Yes, you may still have a claim if you signed a waiver before surgery and were injured by negligent care. Surgical waivers may list possible complications, but they do not usually authorize wrong-site surgery, retained objects, anesthesia errors, or other preventable mistakes. Medical records and expert review may be needed to evaluate liability.
What evidence helps challenge a waiver in a malpractice case?
Helpful evidence may include the signed waiver, consent forms, medical records, operative reports, nursing notes, discharge instructions, imaging, medication records, and follow-up treatment records. This evidence can show what risks were disclosed and whether the injury resulted from negligence. The Law Offices of Peter T. Nicholl can review whether the waiver matches the care actually provided.
Can a waiver be challenged if I did not understand what I signed?
Yes, a waiver may be challenged if there are concerns about whether you were properly informed before signing. Informed consent issues may involve unclear explanations, missing risk disclosures, language barriers, rushed consent, or lack of meaningful opportunity to ask questions. The claim still depends on the medical facts and whether the injury was legally connected to the provider’s conduct.
What if the hospital says my injury was a known risk?
If the hospital says your injury was a known risk, the key question is whether the harm occurred despite proper care or because of negligent treatment. A known risk does not automatically defeat a malpractice claim if the provider failed to follow accepted procedures. The Law Offices of Peter T. Nicholl can evaluate whether expert review may support negligence.
When should I contact a lawyer after being injured despite signing a waiver?
You should contact a lawyer as soon as possible after suspecting that a medical waiver is being used to deny responsibility for negligent care. Early review can help preserve records, identify involved providers, and determine whether the injury was caused by substandard treatment. For Baltimore patients, prompt documentation can be important before records or details become harder to obtain.
Contact Peter T. Nicholl Law Offices to Discuss Your Claim
Medical malpractice can cause catastrophic or fatal injuries. Victims often need extensive medical treatment to deal with the effects of the doctor’s negligence. They may be unable to work during their recovery and may never fully heal.
If you were injured because of medical malpractice, you may have legal options. Call us today to discuss what happened and learn if we may be able to assist you. There is no obligation to hire our firm after an initial consultation and no upfront fees for our services.
Call The Law Offices of Peter T. Nicholl today: 410-401-9979.
