Legal Question in Insurance Law in New York
Church Membership Forms
We have membership forms at our church that asks certain medical questions i.e. are you allergic to certain foods, are you on medication, what type, etc.
My question is, is there any liability to the church regarding requesting medical information?
1 Answer from Attorneys
Re: Church Membership Forms
No. Not for merely requesting the information. If somebody does not want to give it out, they probably don't have to give it out.
However, if the Church does have notice that somebody has an allergy to a certain food, and they serve that food, they may have created a legal duty of care and breached that duty of care and be liable if somebody gets sick or dies.
In other words, it may create future legal duties where none previously existed.
For complete advice, you should bring the form to an attorney for a thorough review.
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