Licensed Professionals cannot have clients sign releases, it’s not who is offering the services, it is, is the professional licensed by the state.

Licensed people are prohibited by either state law or their ethics from having a client/patient sign a release.

Taylor v. L.A. Fitness International, 2010 Phila. Ct. Com. Pl. LEXIS 252; 16 Pa. D. & C.5th 491

This case was reversed and remanded without an opinion by the SUPERIOR COURT OF PENNSYLVANIA, Taylor, K. v. LA Fitness International, LLC, 32 A.3d 841; 2011 Pa. Super. LEXIS 4194

Every wonder if the hue and cry over medical malpractice why your doctor does not have you sign a release before any procedure or surgery? A release given to a professional, a licensed person, is void. Doctors, lawyers, architects, engineers, almost anyone licensed by the state to perform their jobs, are not allowed to ask their clients for a release. If they do ask, the release is void.

This prohibition against releases flows to those working at the direction of the licensed professional such as nurses, paralegal or in this case, a licensed physical therapist. A release can be used by a personal trainer. A personal trainer is not considered a licensed professional, while a physical therapist is.

Physicians do use Acknowledgement of Risk forms, which in the medical community are called “Informed Consent” forms.

In this case, the plaintiff had signed up at a fitness center and hired a trainer to help her with her recover from an injury. Doing an exercise at the direction of the trainer, she suffered another injury. The plaintiff signed two releases; one for the gym and one for the personal trainer.

The lower court and the appellate court dismissed the claims of the plaintiff based on the two different yet well written releases.

The statement by the court that confused another website was “This Court would like to call attention to the fact that its analysis would have been entirely different if the Plaintiff had been working under the supervision of a licensed physical therapist.” The judge in this case discussed the issue between licensed therapists working under the auspices of a physician.

The Court stated, “The public has an interest in assuring that those claiming to be qualified to follow a doctor’s orders are, in fact, so qualified, and accept responsibility for their actions.” The Court stated, “The public has an interest in assuring that those claiming to be qualified to follow a doctor’s orders are in fact so qualified, and accept responsibility for their actions.”

The court went on to explain why this was true.

The reasoning and logic of Leidy is inapplicable to the sub judice because no recognized statewide standard of care exists for health clubs like LA Fitness or health club employees like Defendant Hale. The legislature created the Broad of Physical Therapy to establish rules and procedures to regulate physical therapy throughout the state of Pennsylvania. See 63 P.S. § 1302.1. The Physical Therapy Practice Act, 63 P.S. § 1301 et seq., provides conclusive evidence of the public interest in protecting the health, safety and welfare of those who seek the services of a physical therapist.

The legal issues presented by the decision are clear and not of great import. As the court said:

The Defendants went to great lengths to draft exculpatory clauses that would comply with Pennsylvania law; therefore, this Court was required to enforce the exculpatory clauses contained in the Membership Agreement and Fitness Service Agreement and Release of Liability.

An article on the web about a release case stated that the release was dependent upon who relied upon the release incorrectly.

Do Something

It takes three years (27 months in my case) of law school after four years of undergraduate study to interpret releases. Make sure you are getting your legal advice from a lawyer and make sure a lawyer is writing your release.

Do Not Follow but See Waiver Law in Pennsylvania: Personal Trainer vs. Licensed Physical Therapist

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, Release, Waiver, Physical Therapist, Physician, Professional, Licensed Professional,

 

WordPress Tags: Professionals,clients,ethics,client,Taylor,International,Phila,LEXIS,malpractice,procedure,surgery,person,Doctors,lawyers,architects,jobs,prohibition,direction,therapist,trainer,Physicians,Acknowledgement,Risk,Consent,plaintiff,injury,statement,Court,attention,fact,analysis,supervision,therapists,auspices,physician,logic,Leidy,health,employees,Defendant,Hale,legislature,Broad,Physical,Therapy,procedures,Pennsylvania,Practice,welfare,decision,Defendants,lengths,clauses,Membership,Agreement,Service,Release,article,undergraduate,Make,advice,lawyer,Waiver,Personal,Leave,Twitter,LinkedIn,Recreation,Edit,Email,Google,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,James,Moss,Authorrank,author,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,Tourism,AdventureTourism,RiskManagement,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,Camps,YouthCamps,Areas,Negligence,SkiLaw,Outside,AttorneyatLaw,RecLaw,RecLawBlog,RecreationLawBlog,HumanPoweredRecreation,Colorado,managers,helmet,accidents,Paddlesports,Recreational,Challenge,Course,Ropes,Line,Rock,RecreationalLawyer,FitnessLawyer,RecLawyer,ChallengeCourseLawyer,RopesCourseLawyer,ZipLineLawyer,RockClimbingLawyer,AdventureTravelLawyer,OutsideLawyer,Samaritan,Professional,exculpatory,upon


Outdoor Prolink Newsletter 35

Having trouble viewing this email? Click here

oplEmailHeader_01.jpg oplEmailHeader_02.jpg oplEmailHeader_03.jpg oplEmailHeader_04.jpg oplEmailHeader_05.jpg
oplEmailHeader_06.jpg
New Site Details
We recently launched our new website and are excited to have you take a look around. There are new brands, new products and many new featureswhich will make it so much easier to surf, shop and get the gear you need at the prices you want.We have over 2,500 products on the site and are adding items weekly. Skis, boots, transceivers, gloves, goggles, you name it, we have it. We even have killer coffee with our BeanFever Blend to get you out the door in the morning!Newest brands added to the site are: Mountain Hardwear, Suunto, Koflach, and Movement skis. Brands which we’re going to add shortly include: Icelantic Skis, Cloudveil, Edelrid Ropes and many more.
Member Info – Logging In
Logging in is easy! Just go to www.outdoorprolink.comand click the Member Login button in the upper right corner. On the login page, enter the email and password you gave us when you set up your account.If you haven’t logged into the new site, you will be prompted to enter a new password. If your account was approved prior to 06/2010 then you will need to re-submit documentation to the email addressbelow.If you have any membership questions, please contact Mike at apply

We look forward to working with you!

December Promos – Check out these Hot Deals
rushWeb.jpg
Scarpa Rush
MSRP $559.00
Pro Price $369.00
Promo $335.40
alpine_tour_jacket_maya.jpg
Rab Alpine Tour Jkt
MSRP $350.00
Pro Price $182.00
Promo $139.00
bcaPackage.jpg
BCA Avy Package
MSRP $444.90
Pro Price $315.00
Promo $254.00
hi5.jpg
La Sportiva Hi5
MSRP $799.00
Pro Price $480.00
Promo $407.49
The deal on the deals.
We’re glad that you’ve have chosen us to buy your gear, however there are some rules to the game:

  • Prodeals can’t be returned, buy carefully.
  • Buying for your girlfriend, wife, climbing partner or roommate/tent mate is considered prodeal abuse – please don’t do it. If you need to make a group order for your program email us before you place it. Pro deal abuse not only will expel you from the program, but it also affects others.
  • Please don’t go to retail stores to try on, return items or even mention this program. You’re considered and approved as an outdoor professional. Retail stores are there for you to purchase their items, not as a place to try on and return pro-purchase items.
  • Please don’t make a purchase 3 days before your big trip. Delivery of orders is normally 10 days but can take up to 14 days depending on item availability.
  • If you have a problem with an item you have ordered, please contact Outdoor Prolink not the dealer. Although they may ship your item directly, Outdoor Prolink acts as the liaison between the customer and dealer. We have a great customer service team.
Forward email
SafeUnsubscribe_Footer_Logo_New.png CC_Footer_Logo_New.png
This email was sent to outdoor.law by apply |Instant removal with SafeUnsubscribe™ | Privacy Policy.
Outdoor Prolink | 4735 Walnut Street | Suite G | Boulder | CO | 80301
Enhanced by Zemanta