Date: Fri, 11 May 2007 10:18

From: Michael Furmston

Subject: Hospital disclaimers

I have found the discussion of possible disclaimers fascinating. I can see that as a matter of technical legal analysis it may make a difference whether the claim is in contract or tort and that this may depend on the way the medical system is organised in the country in question but I dare to suggest that the underlying issues are the same.

It used to be the practice in some English maternity hospitals to invite the mother on the way to the delivery suite to sign a disclaimer which could be read as permitting the obstetrician to carry out a hysterectomy if he thought the mother had enough children. What would be the effect of that?

Michael

PS My wife always used to cross that clause out

<<<< Previous Message  ~  Index  ~  Next Message >>>>>