Surgeon Malpractice Attorney Phoenix, AZ

Surgeon Malpractice Attorney Phoenix, AZ

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If you have been injured by a surgeon, and you believe it was due to negligence, you should speak with a surgeon malpractice attorney in Phoenix, AZ, such as one from Rispoli Law, PLLC. Surgery injuries can include those that occur during the surgical procedure, as well as those that developed after it was completed. Sometimes, many people fail to understand the risks of the surgery, or were not told about them, in this case, speaking to a medical malpractice attorney in Phoenix, AZ may be a good idea. 

If I Had Known the Risks Associated With My Surgery, I Wouldn’t Have Agreed to the Procedure. Can I Sue My Surgeon?

After suffering an injury from a medical procedure, a common thing people will say is, “If I had known the risks, I never would have agreed to the procedure.” If you find yourself in this situation, you might wonder whether or not you can file a medical malpractice lawsuit? The answer is actually very complex, and it depends both on whether you filed a waiver form and what was in that waiver form. There are many aspects you need to consider before you can file a lawsuit, which this guide will explain. A surgeon malpractice attorney in Phoenix, AZ can also help you work through these matters.

Your Waiver

If you signed a waiver form, or release form as it is often called, there is a good chance you will not be allowed to file a lawsuit even if you were unaware of the risks of the procedure. For a waiver form to remove your ability to file a lawsuit, it must describe the potential for the injury you suffered from. This is why it is so important to read everything you sign before signing it. All that matters is whether you signed it. If you signed it without reading it and were unaware of the risk, you are generally not allowed to sue because legally you agreed that you understood and accepted the risk.


However, as a surgeon malpractice attorney in Phoenix, AZ might explain to you, there are some situations where a signed waiver does not remove your ability to sue. The biggest exception is when the waiver does not adequately describe the potential for the specific kind of injury you suffered. For example, if a waiver for a leg surgery says you may lose the ability to walk, but your leg was amputated during surgery, the waiver would not protect the hospital from legal action because it does not describe amputation as a risk.

On top of that, both of these things must have been true of you at the time you signed the waiver:

  • You must have been in a sound mental state
  • You must not have been pressured into signing

The definition of “sound mental state” is subjective, but this typically refers to having your mind altered in some way, such as being on opiate/opioid pain killers. Being unaware of the risks due to not reading the waiver is not the same as not being in a sound mental state. Finally, if you felt pressured into signing the waiver, it may be grounds for the waiver to be invalid. A surgeon malpractice attorney in Phoenix, AZ can help you if you think you fall into either of these categories.