Need Advice: Liability Waiver for Grandmother’s Surgery – Is This Legal?

Community Forums Legal Advice India Need Advice: Liability Waiver for Grandmother’s Surgery – Is This Legal?

Viewing 1 reply thread
  • Author
    Posts
    • #27908 Reply
      Sumitdude410
      Participant
        S
        Sumitdude410
        PARTICIPANT
        March 25, 2025 at 7:15 am
        Hi everyone, I’m seeking advice on a legal and ethical issue involving my grandmother’s upcoming hemorrhoid surgery at a hospital that’s part private and part government. Here’s the thing

        When I was around 12–13 years old, my grandmother was taken to this hospital. In the private room, (when doctor was reviewing previous medical history) the doctor asked me to write a short note stating that if anything went wrong with her treatment, I would be held responsible. The note also mentioned the purpose of her treatment, and the doctor order me to sign. This note was written on back to her OPD slip.

        Now, I’m 18 years old, where 18 is the age, most people consider mature but idk how to handle this situation and I’m really anxious currently. With my grandmother scheduled for surgery at the same hospital again, I’m anxious about encountering the same situation. I’m not sure if it’s legal for a doctor to require someone to sign such a liability waiver, and I’m confused about my rights in this scenario.

        has anyone experienced something similar or can offer insights into whether this practice is legally acceptable? Any advice on how to approach this situation would be greatly appreciated.

      • #27909 Reply
        Reyanshfox736
        Participant
          R
          Reyanshfox736
          PARTICIPANT
          March 25, 2025 at 8:08 am
          NAL but a Doctor
          1. No consent can be given ir taken from someone <18 yrs. Legally and ethically not applicable and dismissible in court. 

          2. About a waiver- All doctors take an “informed consent” and a “waiver”. 
          Informed consent- where Doctor tells you that this is your diagnosis, this is what we are goijg to do, these are the risks and benefits of the treatment etc. 
          Waiver- Its general knowledge that no procedure comes without risks and every body is unique. Out of 100, there would always be 1 case which goes south beyond anyone’s control. Much like any adventure sport where even doctors cannot predict. For eg, here, a hemorrhoid surgery in a 30 yr old might be uneventful, but the same surgery done in a 80yr old may or may not have some complications. This is quite obvious given the age and body’s natural physiology. 

          Doctors have started getting these waivers as most of the general public fails to understand basic logic and science and starts thrashing or even killing the doctors and the hospital involved should things go south. Also, because a lot of hospitals have started employing BAMS people as “doctors” or surgeons to cut costs but the public thinks “ye to doctor hain”. 

          Should this deter you from going forward with the surgery? Absolutely not. Utmost care is always taken as long as the doctor and the hospital are qualified and good enough. 
          Make sure to check the surgeons are qualified with a good outcome history. 

          • #27910 Reply
            Sumitdude410
            Participant
              S
              Sumitdude410
              OP
              March 25, 2025 at 8:27 am
              Thank you so much for your thoughtful response. I was really anxious before reading your comment, and your clear explanation helped ease my doubts. I appreciate the time you took to clarify things, and it truly means a lot to me. Thank you, sir/mam, for providing such reassurance.

        Viewing 1 reply thread
        Reply To: Reply #27909 in Need Advice: Liability Waiver for Grandmother’s Surgery – Is This Legal?
        Your information:




        Cancel