Medical malpractice question

Asked 12 months ago - Paramount, CA

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Say you have a medical procedure, the doctor messes up, you ask for your money back he/she says ok but makes you sign a release, you sign the release; however, the area in which you had surgery is still messed up, could you still sue the doctor or join in a suit by another because the same doctor messed up again, and now another individual is suing?

Attorney answers (2)

  1. Contributor Level 20

    1

    Lawyer agrees

    Answered May 27, 2012 16:18. To state the obvious you should have consulted a lawyer before signing the release. The terms of the release cannot be analyzed on Avvo since you have not provided a summary and it is overly-specific for a public forum. You should consult a malpractice attorney immediately on both subjects, but, as a general indication, your chances are not very good having signed any release.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Contributor Level 16

    2

    Lawyers agree

    Answered May 27, 2012 14:23. You generally cannot sue because of damages done to a third person.

    You MAY have waived your right to sue in a release, but not all release provisions are valid, and the release may or may not cover your facts.

    The only way to know for sure is to consult with a local malpractice attorney as soon as possible. There are strict statutes of limitation for malpractice so don't delay!

    This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/... more

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