Legal Question in Medical Malpractice in New Jersey

If a general release is executed beofre services are rendered is it enforceable?

My Dr. has provided me with copies of all consent forms that I will be required to sign before undergoing a certain medical procedure. Included at the end of this package of material is a general release, which indicates that I agree to hold the Dr., his agents and assigns etc. free and harmless from all claims, actions, causes of action, demands, rights, damages, costs and expenses whatsoever I have or may have against the Dr. arising out of or in any manner relating to the procedure.

Also included in the package is a consent to arbitrate any and all claims. I have no problem with arbitrating any potential claims, but I don't feel too comfortable about signing a general release.

Question 1:

Is this general release legal, and if so, does this mean that if something goes wrong I will be estopped from filing suit?

Question 2:

Can the Dr. condition his performance of the procedure on my executing the general release?


Asked on 3/15/05, 3:59 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: If a general release is executed beofre services are rendered is it enforcea

The short answer is that the doctor can probably do this, although it might be capable of being challenged. Typically pre-injury releases are valid unless they are against public policy. This has not been decided as it pertains t o a doctor to my knowledge.

As a two private citizens engaged in a "business" transaction, the parties are free to contact for terms normally.

As a premise, I find this abhorrent. What responsibility does the doctor have? It would seems like something that should be against public policy, but the question is open.

I would be VERY cautious about agreeing to such a term. Lawyers cannot ethically have you do this, why should a doctor?

Good luck. Perhaps you should get a second opinion. also, you should check http://12.150.185.184/dca/ to check the doctor's profile with the State.

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Answered on 3/15/05, 4:18 pm


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