Comment Re:This is just another waiver (Score 1) 332
They can't dump the responsibility on the patient, especially by shoving an informed consent form under his hand in the 15 minutes before surgery.
Oh yes they can (legally speaking)
This is a very questionable statement, and depends a lot on the locale and the situations of the case. Contractually waiving your rights is something that the courts often frown upon.
Here is my experience. I live in California, and my old apartment was accidentally burned down by a maintenance worker who was not qualified to do the task he had been assigned. The landlord refused to reimburse me for my lost property, because I had signed a lease waiving my right to damages in such a case. I contacted a lawyer, who told me that one can't contract away responsibility for one's own negligence. The landlord was clearly negligent in the case, and the waiver clause in the lease would not hold up in court. I hired the lawyer, and we successfully sued the landlord