Do pre-surgery waivers mean I have no entitlement if something has gone wrong?

Jan 31, 2023 | Publication

Treating practitioners have various obligations when they are treating patients. There may also be occasions when they are obliged to advise patients of the various risks involved with such treatment. This is most commonly seen with surgeries.

Usually a waiver is signed by the patient prior to a surgery to cover the interests of the treating practitioner if something goes wrong or if one of the outlined risks actually eventuates. You should know however, that although you have signed a waiver, this does not entitle the treating practitioner to disregard his obligations in providing you with health care according to the set standards and guidelines which apply to different types of treatment and surgeries.

For example, if you have had surgery and developed a deep vein thrombosis, the treating practitioner would most likely have discussed the possibility of this with you prior to the surgery, or provided you with a hand out detailing the risks of such a surgery. You also most likely would have signed a waiver acknowledging that this condition can occur after surgery. If, however, the treating practitioner did not take the relevant precautions to avoid this condition or treat this condition before such time that it caused a more significant problem, the treating practitioner can still be liable for a wrong doing.

In these circumstances, it would always be prudent to check in with a lawyer in relation to your rights and entitlements. At McAuley Lawyers, we run all our personal injury matters on a no win no fee basis.

So, if you or someone you know has suffered an injury when a treating practitioner has made a mistake or has not done the right thing, please feel free to get in touch with us for an obligation free conference so we can help you get the compensation you are entitled to.


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