Hi Jennifer,
If I refund a patient their money and they sign a release, does that mean the patient cannot sue me?
Thanks, Dr. K
Answer:
Definitely not. As you may be aware, we live in a society where a claim can be brought at any time for pretty much any reason. The real question is, will you have an absolute defense to any and all claims after a release is signed by a particular person for a particular reason? That answer depends on the fact pattern. A key element to a release is the patient's awareness of the impact to patient's position prior to signing - meaning, if a patient has a negative post-operative outcome, but the extent of the negative outcome would not be known for several weeks post-surgery, a release signed the day of the procedure that does not detail the potential outcome may be unenforceable.
For a release to be enforceable the party signing must have an understanding of the rights the party is waiving as part of the release, and consideration for the bargained for exchange. If those elements are met - there is a good chance the release will be enforced.
