TOP 5 Missing Clauses from Healthcare Legal documents (And sample language!)
Here’s the top 5 missing clauses from healthcare legal documents (and sample language.) Consult with an attorney to determine if these clauses are appropriate and applicable to your situation as these are not a substitute for legal advice and an attorney-client relationship:
1) No Guarantees / Assumption of Risk.
This is used to disclaim liability and alert the client/patient that they are assuming some risk and there are no guarantees for outcomes. The maximum liability (or money owed) is limited to what was paid for the services.
Sample clause: There are no guarantees in providing health services and the health practitioner, Company and its agents do not make any guarantees with this agreement. You assume the risk of health services by reading and signing this form. The health practitioner, Company and its agents are not liable for any adverse reactions to providing health services. The Company’s aggregate liability shall, in all cases, be limited to the amount paid for the health services
2) Arbitration for disputes and attorney’s fees.
This provision forces disputes into arbitration which is generally preferable to a lawsuit. It also allows for you to recover your attorneys fees if you are successful.
Sample clause: The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
3) E-sign Clause.
Confirms that electronic signatures are legally binding and not a defense to enforcement of the Agreement.
Sample clause: By placing my digital signature below, I agree that the electronic digitized signatures I apply on the following document are representations of my signature and are legally valid and binding as if I had signed the document with ink on paper in accordance with the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN) of 2000 and local law as applicable.
4) Audio / Video recordings without consent.
This prevents unauthorized recordings (such as having your phone on in your pocket and the other person not knowing). Some states are “single party-consent” states where only one person needs to know the recording is happening – generally the person with the phone in their pocket!
Sample clause: You acknowledge and agree, by signing this Agreement, that you will NOT record any part of your services/sessions/videos/content unless you and the Company mutually agree in writing that the content may be recorded. You further acknowledge that the Company objects to you recording any portion of the content without the Company’s written consent.
5) Website and/or Written Materials Disclaimer.
This is used to distinguish between actual healthcare advice versus educational advice generally located on a website.
Sample clause: The information on this website is for general information purposes only. Nothing on this site should be taken as healthcare advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an healthcare professional-patient relationship. We do our best to keep information accurate and up to date, however mistakes do happen, and we cannot make guarantees regarding the accuracy of our information. We are not liable for any information on this website or your reliance upon it.