Question
Howie, a competent adult, signs a contract with Dr. Doolittle to perform an appendectomy that states that in the case of Dr. Doolittle's negligence causing
Howie, a competent adult, signs a contract with Dr. Doolittle to perform an appendectomy that states that in the case of Dr. Doolittle's negligence causing harm to Howie, Howie cannot take legal action against Dr. Doolittle (e.g. a negligence lawsuit). This contractual provision is: (hint: think about defenses to negligence and whether they work for physicians)
A. Valid because Howie is competent and presumably understands the terms of the contract
B. Invalid because exculpatory clauses (those that absolve someone of liability for negligence) are not permitted in healthcare
C. Invalid because as a physician Dr. Doolittle is considered to have undue influence over the decisions of patients when entering into contracts
D. Valid because there is a meeting of the minds
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