Table data 1
HIM 226
1/25/2024
Chapter 5: Assignment 2
Dr. Wilson is a gastroenterologist. As part of his informed consent, he includes an exculpatory contract that excuses him from liability in the event he commits an act of negligence.
He will not operate on a patient unless they sign the contract. Dr. Wilson is the only gastroenterologist in a 50-mile radius. Are there any problems with Dr. Wilson’s contract? What do you expect a court to conclude if a patient does sue him for negligence after the patient has knowingly signed his contract?
There are legal problems with Dr. Wilson’s negligence contract. The contract clarifies that he will not be liable for any acts of negligence. This is illegal as someone can intentionally do an act of negligence and escape without measures taken against them. All practitioners should
be able to be held accountable for their patients’ well-being. It is possible that the court could grant Dr. Wilson freedom because the patient signed the
contract knowing that the doctor was clearing himself of any liabilities in case of negligence. Since the patient knew ahead of time that the doctor was denying any liability of negligence, makes the case null and void.
The patient would lose the case because they had signed the contract before moving forward with the surgery. The doctor’s attorney would argue that the patient knew at the time of surgery that the surgeon was not going to be liable for any mistakes made during the surgery.
