Hospital Consent Form At Issue In Wrongful Death Case

It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury action and its proceedings.)

Plaintiffs’ Motion for Directed Verdict Against Universal Memorial Hospital, Inc. on Ostensible Agency Issue
INTRODUCTION

Plaintiffs hereby move that the Court determine, as a matter of law, that the Universal Hospital Conditions of Admission form signed by Decedent David Hall, Jr. is an unenforceable with respect to the provision therein stating the physicians attending to him are independent contractors.

The motion is based on two distinct reasons: (1) Because Mr. Hall lacked the responsibility and capacity to validly execute a binding agreement acknowledging such legal relationships and concurrently waiving his rights at the time he signed it; and (2) because the Form constitutes an unenforceable adhesion contract. Accordingly, Plaintiffs respectfully request that the Court remove the agency issue from consideration by the jury, rule that the clause at issue is void and has no legal effect herein as a matter of law, and further rule that all physicians who attended Mr. Hall during his stay at Universal are declared to be ostensible agents of the hospital, as a matter of law. In addition, Plaintiffs request that the Court instruct the jury that the Universal physicians were ostensible agents of the hospital, as a matter of law. (See Part 2 of 9.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.