X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Thomas A. Moore and Matthew Gaier Thomas A. Moore and Matthew Gaier

Some years ago, we examined whether exculpatory releases signed by patients at the behest of health care providers prior to treatment are enforceable in subsequent medical malpractice actions. See Moore and Gaier, Courts Disfavor Exculpatory Releases, NYLJ Oct. 6, 1998, p. 3. A review of the pertinent decisional law indicated that such agreements have been held unenforceable and void as against public policy. See Rosenthal v. Bologna, 211 A.D.2d 436 (1st Dept. 1995); Ash v. New York University Dental Center, 164 A.D.2d 366 (1st Dept. 1990); Abramowitz v. New York University Dental Center, Col. of Dentistry, 110 A.D.2d 343 (2d Dept. 1985); Morabito v. New York University Dental Center. 104 A.D.2d 1064 (1st Dept. 1984); Dedely v. Kings Highway Hosp. Ctr., 162 Misc.2d 444 (Sup. Ct., Kings Co. 1994). Cf. Boll v. Sharpe & Dohme, 307 N.Y. 646 (1954), aff’g, 281 App. Div. 568 (1st Dept. 1953). There have been no developments in the law regarding such releases since that column was published.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.