A medical liability waiver is document used by medical professionals to gain consent to treat a patient. A medical liability waiver also serves to protect doctors and hospitals from liability if a patient is injured or dies while they are receiving medical treatment. A patient may need to sign a waiver every time they are treated, or they may be able to sign one waiver that is valid for a specific amount of time.
Medical liability forms contain information about the patient's responsibilities regarding treatment, the patient’s privacy and legal rights, and the liability of the hospital or medical providers. The waiver must be signed and dated by the patient, or their parent/guardian, spouse, or other legal representative.
A medical liability waiver is important to protect you and your business or organization in case an unfortunate accident occurs while a patient is receiving treatment.
You should have a medical liability waiver if you are a medical professional or organization that is providing treatment to patients.
To create a medical liability waiver you will need:
You may also want to collect: health insurance information (insurance company, insurance plan, policy number, and policy holder), medical condition information (chronic diseases), social security number, basic medical history.
Sample medical waivers are available online for your convenience.
Generally, you will probably want to fill out your information on the forms and then make numerous copies of the form for your patients to fill out before they are treated. You may want to check identification when the patients turn in the form to verify that they are who they claim to be and they are of legal age.
Another option is to have your patients fill out the waiver online before their visit to save time in the waiting room. You can create a pdf file version of your waiver and email it to your patients in advance of their first visit.
A medical liability waiver is necessary any time you provide any medical treatment. It is also recommended for anyone who provides medical spa services.
A medical waiver will not protect you from your own negligence. If you commit medical malpractice, a medical release form does not absolve you of responsibility. However, if you treated your patient with the level of care that a reasonably competent and skilled medical professional in the same medical community would have provided in the same circumstances, a waiver will protect you from litigation if a patient is injured or dies.