Hold Harmless Agreements

July 11, 2008

I was attempting change to a cash practice and was trying to limit my exposure by having patients sign a contract not to sue. Is this a legal and acceptable practice?

Q:

I was attempting change to a cash practice and was trying to limit my exposure by having patients sign a contract not to sue. Is this a legal and acceptable practice?

A: A contract not to sue is part of a hold harmless agreement. Unfortunately, these agreements usually do not hold up in court because a judge will usually give a patient his "day in court."

Lee Johnson

Lee Johnson, who can be contacted atlj@bestweb.net, is a healthcare attorney in Mt. Kisco, NY, specializing in risk management issues.

The answers to these queries are general opinions and are not intended as substitutes for legal advice. You should not rely on these replies in making decisions involving questions of law, but should instead consult with competent legal counsel.