Response to Comments on the New BSA Medical Form

I wrote an article about the Boy Scouts of America (BSA) New Medical Form. (New BSA Medical Form is a Disaster) That post has been gathering a lot of comments. I am responding or updating those posts with this update.

“so if you have people notarize their release forms, it doesn’t matter in a lawsuit. is there any benefit to having those forms notarized?”

Notarizing a signature does nothing. If you signature is notarized all it means is the person who notarized your signature knows that you are you. The notary either has known you for a long period of time or you provided proof to them that you are you. That is all. So notarizing a form provides not greater legal protection.

The issue then is, do people try and say that was not their signature. Sure in 25 years I’ve seen it happen twice from hundreds of thousands of releases signed. However a simple hand writing comparison shot that down quickly.

Don’t get signatures notarized. IT doubles the time needed to complete a form. Besides, each form will have to be taken to a notary and signed there.

And you can’t notarize a minor’s signature.

“The BSA has an activity consent form and release. Is this document any better than the release in the new medical record form?”

The BSA Activity Consent Form and Approval by Parents or Legal Guardian is no different from the BSA Medical Form. It has no legal value. It is not a release and parental indemnification is not supported in any state. All that form does is prove that you have the legal right to be in control of the child. It won’t stop a lawsuit if the child is injured in your care.

“I would also like to hear your view of the older class 1, 2 and 3 medical forms. Is the new form an improvement from a legal perspective?”

NO the new form is not an improvement! Read the post before you ask questions. The old forms were fantastic.

“As a Scoutmaster, I am not sure of the best approach. Where can I find a better release and should we use it in our troop?”

Yes you need a release or more appropriately in most states an assumption of risk form. Only five states allow a parent to sign away a child’s right to sue. However a release signed by the parents and the youth may stop the lawsuit by the parent and if written properly prove the child assumed the risk of the injury he received. Assumption of the risk is a good defense to a lawsuit by a minor.