New York medical malpractice attorneys Thomas A. Moore and Matthew Gaier wrote an article for Law.com titled, New Approach to Pretreatment Agreements Held Unenforceable.
Several years ago, Tom Moore and Matt Gaier examined whether exculpatory releases signed by patients at the request of health care providers prior to treatment are enforceable in subsequent medical malpractice actions.
The results indicated that such agreements have been held unenforceable and void as against public policy.
They discuss how a trial level decision seems to be the new approach by some health care providers to impede potential malpractice actions before giving treatment.
To read the full article, click here.
Gaier and Moore, partners at KDLM, co-author a regular column for the New York Law Journal on Law.com. The column is a resource used by countless attorneys throughout New York state regarding issues of medical malpractice.