Question
Bort's arteries are all clogged up, so he needs to have one of them bypassed. Bort goes to Dr. Maria to perform the operation. Maria
Bort's arteries are all clogged up, so he needs to have one of them bypassed. Bort goes to Dr. Maria to perform the operation. Maria makes Bort sign a liability waiver that states "this operation is a voluntary arrangement between you and I, and as such, you are agreeing to release me from any liability resulting from any actions or conduct that I Dr. Maria take during scope of this operation." Bort signs the liability waiver. Dr. Maria bypasses the wrong artery and Bort has a heart attack the next week. If Bort wants to sue Dr. Maria for medical malpractice, what effect is the liability waiver likely to have on Bort's ability to successfully recover?
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