Chapter 2.B.2 Limiting the Scope of the Treatment Relationship

Limiting the Standard of Care and Scope of Practice, note 1

The 10th Circuit upheld a release of liability for medical malpractice signed by a patient who was also a son of the physician. The physician allegedly had prescribed controlled substances (benzodiazepines) for nearly 30 years for his son. In 1995, in return for an additional prescription and $7,500, the son released his father for liability for malpractice that might have occurred during the time before the releases were signed. Greenberg v. Comerica Bank, 2000 U.S. App. LEXIS 21056 (10th Cir. August 18, 2000) (unpublished opinion).

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