Does a Medical Release Prevent Liability for Negigence by a Doctor?
Full Question:
Answer:
The language you quoted does not appear to contain an exception for negligence, however, a court may find it unenforceable on policy grounds to protect against negligence. A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. It is generally not effective to protect a person from liability for intentional acts or gross negligence. It is a matter of subjective determination for the courts, based on all of the facts and circumstances involved.
For further discussion, please see:
http://www.d.umn.edu/~tbeery/hper3100-1/Waivers-%20Are%20they%20worth%20the%20paper%20they%20are%20written%20on.pdf
http://www.redorbit.com/news/health/504158/the_legal_trap_in_surgical_medical_releases/index.html
