The Harrow Health Club Placed a Clause in a Contract

question 22

Multiple Choice

The Harrow Health Club placed a clause in a contract with a patron that relieved the club of liability for intentional wrongdoing by its employees. One evening near closing time, an employee struck and injured a patron for her (the patron's) failure to leave on time. The Harrow Club refused to pay the patron for her injuries because of the disclaimer of liability clause in the contract. Is the Harrow Health Club liable to the patron for injuries she (the patron) suffered?

• A) No; it was the patron's fault.
• B) No; health clubs generally do not have liability even though they are at fault.
• C) Yes; courts will generally not enforce clauses in contracts that attempt to relieve a contracting party such as the Harrow Club from injuries it caused to another party to the contract.
• D) Yes; courts are generally not sympathetic to health clubs.

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Definitions:

Clinical Decision Support

A health information technology system that provides clinicians, staff, and patients with knowledge and person-specific information, intelligently filtered and presented at appropriate times, to enhance health and healthcare.

Specialty

A particular branch of medicine or surgery in which a doctor has undergone advanced training and gained expertise.

Objective Finding

A measurable or observable fact or symptom in a patient, discernible through diagnostic tests or physical examination.

HPIP System

High-Performance Incentive Program, a strategy designed to improve efficiency and outcomes through incentives.