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 may be used to protect a business from the foreseeable damages that may occur in the scope of being employed to perform a service. A release form will often be upheld as long as the contract for services is entered into freely and the damage isn't caused by an intentional, willful, or reckless act.
Generally, courts have invalidated contracts releasing physicians from liability for negligent medical care of their patients. Such contracts have been held to violate public policy because medical services are essential public services, the physician holds himself out as willing and able to provide such services, the patient places himself under the physician’s control but remains subject to the risks of his carelessness, and the physician has the bargaining power to require a release from negligence liability as a condition of providing medical treatment.
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.
