{"id":1954,"date":"2017-07-02T09:22:57","date_gmt":"2017-07-02T13:22:57","guid":{"rendered":"https:\/\/www.southfloridainjuryattorneys-blog.com\/?p=1220"},"modified":"2019-04-30T19:08:46","modified_gmt":"2019-04-30T23:08:46","slug":"appellate-court-permits-medical-malpractice-plaintiffs-case-proceed-toward-trial-rejecting-defendants-medical-release-waiver","status":"publish","type":"post","link":"https:\/\/www.ceceresantana.com\/es\/appellate-court-permits-medical-malpractice-plaintiffs-case-proceed-toward-trial-rejecting-defendants-medical-release-waiver\/","title":{"rendered":"Appellate Court Permits Medical Malpractice Plaintiff\u2019s Case to Proceed Toward Trial, Rejecting Defendant\u2019s Medical Release Waiver"},"content":{"rendered":"

Earlier this month, an appellate court in Florida\u00a0issued a written opinion<\/a> in a medical malpractice case that was brought by a patient who was seriously injured during a surgery that was performed by the defendant doctor. Prior to the surgery, the plaintiff signed a contract containing an exculpatory clause. The case required the court to determine if the exculpatory clause was valid, and if so, whether the lower court was proper to dismiss the plaintiff\u2019s case.<\/p>\n

The Facts of the Case<\/strong><\/p>\n

The plaintiff required a spinal fusion surgery. She arranged to have the defendant doctor perform the surgery. However, prior to the date of the surgery, the plaintiff signed a contract containing the following clause:<\/p>\n

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.<\/p><\/blockquote>\n

<\/p>\n

During the surgery, the plaintiff\u2019s ureter was severed, resulting in her sustaining serious injuries. Afterwards, she filed a medical malpractice lawsuit against the defendant doctor, claiming that the care he provided fell below the required standard of care.<\/p>\n

Before the case reached trial, the defendant doctor asked the court to dismiss the case, based on what he characterized as a valid medical release waiver. The trial court agreed, and the case was dismissed. The plaintiff then filed an appeal.<\/p>\n

On appeal, the court determined that the lower court was incorrect in giving the exculpatory clause legal effect. The court took issue with the ambiguity of the clause and found that it was not sufficiently clear to indicate which\u00a0rights the plaintiff was giving up when signing it. Specifically, the court took issue with what it characterized as a contradiction within the clause. The court explained that the first two sentences seemed as though they would validly waive a plaintiff\u2019s right to sue, but\u00a0the third sentence introduced some uncertainty. The court wondered why the third sentence was even necessary, and it ultimately determined that the clause \u2013 when read as a whole \u2013 was confusing to the point at which\u00a0it would not be fair to enforce it against the plaintiff. As a result, the plaintiff\u2019s case was permitted to proceed toward trial or settlement negotiations.<\/p>\n

Have You Been a\u00a0Victim of a Doctor\u2019s Negligence?<\/strong><\/p>\n

If you or a loved one has recently been a victim of a medical professional\u2019s negligence, you may be entitled to monetary compensation through a South Florida personal injury<\/a> lawsuit. The skilled attorneys at the Florida medical malpractice law firm of Cecere Santana have extensive experience representing thousands of clients in all types of personal injury claims, including medical malpractice cases. To learn more about how you may be entitled to compensation for your injuries, call 800-753-5529 to schedule a free consultation with an attorney today.<\/p>\n

More Blog Posts:<\/strong><\/p>\n

Boating Accidents in South Florida<\/a>, Cecere Santana Injury Lawyers Blog, published June 1, 2017.<\/p>\n

Florida Teen Killed in Hit-and-Run DUI Accident, Several Others Injured<\/a>, Cecere Santana Injury Lawyers Blog, published May 11, 2017.<\/p>\n","protected":false},"excerpt":{"rendered":"

Earlier this month, an appellate court in Florida\u00a0issued a written opinion in a medical malpractice case that was brought by a patient who was seriously injured during a surgery that was performed by the defendant doctor. Prior to the surgery, the plaintiff signed a contract containing an exculpatory clause. The case required the court to … <\/p>\n

Continue reading “Appellate Court Permits Medical Malpractice Plaintiff\u2019s Case to Proceed Toward Trial, Rejecting Defendant\u2019s Medical Release Waiver”<\/span><\/a><\/p>\n

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