Malpractice Waiver

Malpractice Waiver Template for New Zealand

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Key Requirements PROMPT example:

"I need a Malpractice Waiver for my private dental practice in Auckland, New Zealand, that specifically covers cosmetic dental procedures and includes bilingual provisions for Mandarin-speaking patients."

Document background

This Malpractice Waiver is designed for use in New Zealand's healthcare sector, where medical liability is primarily governed by the ACC scheme. The document serves as a risk management tool for healthcare providers while ensuring patient rights are protected under New Zealand law. It should be used prior to medical procedures or treatments where specific risks need to be acknowledged by the patient. The waiver includes comprehensive information about treatment risks, ACC coverage, and non-waivable rights under New Zealand legislation. It's particularly important given New Zealand's unique medical liability system, which differs significantly from other jurisdictions by primarily operating under a no-fault compensation scheme. The document must be carefully drafted to remain enforceable while complying with the Health and Disability Commissioner Act, the Code of Health and Disability Services Consumers' Rights, and other relevant legislation.

Suggested Sections

1. Parties: Identification of the healthcare provider/facility and the patient

2. Background: Context of the medical procedure or treatment being provided and purpose of the waiver

3. Definitions: Clear definitions of key terms used in the document, including 'malpractice', 'negligence', and specific medical procedures

4. Acknowledgment of Risks: Detailed description of potential risks and complications associated with the treatment

5. Scope of Waiver: Clear explanation of what rights are being waived and what rights cannot be waived under NZ law

6. ACC Coverage Statement: Explanation of how the ACC scheme applies and what it covers

7. Patient Declarations: Statements confirming the patient's understanding and voluntary acceptance

8. Duration and Survival: Period for which the waiver remains valid

9. Governing Law: Confirmation that New Zealand law governs the agreement

10. Execution: Signature blocks and witness requirements

Optional Sections

1. Specific Procedure Details: Additional section for complex medical procedures requiring detailed explanation

2. Third Party Rights: Section addressing rights of family members or dependents, if relevant

3. Revocation Rights: Terms under which the patient can revoke the waiver, if applicable

4. Translation Certificate: For non-English speaking patients, certification of accurate translation

5. Mental Capacity Declaration: Additional declarations for situations where patient capacity might be questioned

Suggested Schedules

1. Schedule 1 - Specific Risks: Detailed list of procedure-specific risks and complications

2. Schedule 2 - Patient Information: Detailed patient medical history and relevant information

3. Schedule 3 - Procedure Description: Detailed description of the medical procedure or treatment

4. Appendix A - Patient Rights Summary: Summary of patient rights under NZ law that cannot be waived

5. Appendix B - ACC Coverage Summary: Summary of relevant ACC coverage and limitations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Healthcare

Medical Services

Dental Services

Allied Health Services

Alternative Medicine

Cosmetic Surgery

Private Hospitals

Medical Clinics

Rehabilitation Services

Mental Health Services

Relevant Teams

Legal

Compliance

Risk Management

Clinical Operations

Patient Services

Quality Assurance

Medical Administration

Healthcare Operations

Document Control

Relevant Roles

Medical Director

Hospital Administrator

Clinical Risk Manager

Healthcare Facility Manager

Legal Counsel

Compliance Officer

Medical Practitioner

Healthcare Provider

Practice Manager

Quality Assurance Manager

Patient Services Coordinator

Clinical Operations Manager

Healthcare Risk Assessment Officer

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