Legal Question in Business Law in California

Medical Indemnity Agreements
I am looking for information on the enforcibility of medical indemnity agreements. I have been asked to review a release of liability form for a youth program, but I am disturbed by much of the language. Are agreements that do
not except sole negligence enforcable in California? I know that they aren't in relationship to contracts (i.e. construction contracts and Type 1 agreements) but I can't find any information in regards to these types of agreements and medical treatment. The form I am reviewing is called a "Waiver of Liability and Authorization for Third pary Consent to Treatment". Much of the language refers to holding an organization and its' employees harmless from all liability regardless of how caused. My education in construction waivers says this in uninforcable language in California. Can someone give me some resources to check and sample forms that have held up in California courts?

Asked on 4/13/99, 3:09 am

Jed Somit Jed Somit, Attorney at Law

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Re: Medical Indemnity Agreements

There is a lot of case law on this recently. There is no general bar to enforcement

of releases of negligent conduct; intentional conduct is another matter. Why are you "reviewing" a

form? Are you a lawyer? There are other issues, such as the capacity of the children to consent to

the release. The indemnity and hold harmless presents new issues as well, although in most cases

its scope can be as broad as the indemnity.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910

Answered on 4/16/99, 7:39 pm

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