Full question:
I am a Florida Physician and I do not have Malpractice Insurance. Can I have a legal form drafted for patients to sign, prior to care, letting them know I do not carry Malpractice Insurance, and therefore will not file a law suit from the care they received from me? Will that paper hold up in a Court of Law? I only volunteer, and do not take money from patients. Or, do you suggest I carry some sort of Medical Malpractice Insurance. Thank you.
- Category: Contracts
- Subcategory: Releases
- Date:
- State: Florida
Answer:
A release and waiver of liability can help protect a physician from foreseeable damages that may arise from providing medical services. Such a form may be upheld if it is entered into voluntarily and does not involve intentional or reckless harm. However, courts often invalidate contracts that attempt to release physicians from liability for negligent medical care. This is because medical services are considered essential, and patients are vulnerable under a physician's care. Physicians typically have more bargaining power, which can make such waivers problematic under public policy.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.