Somehow, I think this wouldn't be the case. Otherwise, doctors would be throwing EULA agreements left and right, and saving millions on malpractice insurance fees.
I've never seen a complete waiver of rights. What you typically sign is an agreement to try arbitration before (or instead of) suing in the courts. I don't believe it is possible to waive the ability to be penalized for negligence, just the venue the penalty is assessed in.
Of course, said arbiter is much less likely to give out a seven digit award than a jury is.
