Legal Question in Civil Litigation in California
Negligence
Many Medical Release/Waiver forms have wording within them that say ''we are
not liable even in the case of negligence. I have been told that even though you
sign it, you cannot waive that right here in the U.S. So what I am asking is, is it
possible to waive your to make a claim due to negligence?
Asked on 6/23/06, 12:57 am
1 Answer from Attorneys
MARK GEYER
LAW OFFICES OF MARK MITCHELL GEYER
Re: Negligence
Hello:
1. The common "med release" does NOT contain proper releasing language such that Civil Code Section 1542 is effectively waived.
Consequently no effective nor enforcable waiver.
Sincerely,
Mark Geyer
Answered on 6/27/06, 2:25 pm