Earlier this month, one state appellate court issued a written opinion in a medical malpractice case brought by a woman who suffered serious injuries after a surgery that was performed by the defendant doctors. The case presented the court with the opportunity to determine the validity of a medical release waiver that the plaintiff had signed prior to undergoing the surgery. Ultimately, the court concluded that the waiver was ambiguous and contained contradictory statements. Thus, the court decided that the lower court was improper to dismiss the plaintiff’s claim based on the waiver.
The plaintiff was required to have a spinal fusion surgery. Prior to the surgery, the plaintiff signed a release, stating:
As of January 1, 2003, [the defendants] will not carry any medical malpractice insurance. Being of sound mind and sound body, I hereby acknowledge this fact and agree not to [the defendants] for any reason. My reason for doing this is that I realize that [the defendants] will do the very best to take care of me according to community medical standards.