The Medical Release Of Liability Waiver is a critical document in Swiss healthcare practice, designed to protect both healthcare providers and patients by clearly documenting informed consent and risk acknowledgment. It is typically used before medical procedures, treatments, or participation in medical research, incorporating strict Swiss legal requirements regarding liability limitations and patient rights. The document must comply with various Swiss regulations including the Federal Act on Medical Professions, Data Protection Act, and medical confidentiality obligations under the Criminal Code. While it provides certain protections for healthcare providers, Swiss law maintains strong patient protection and limits what rights can be waived, making this document's precise wording and scope crucial for legal validity.
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1. Parties: Identification of the healthcare provider/facility and the patient, including full legal names and addresses
2. Background: Context of the medical treatment or procedure being undertaken
3. Definitions: Key terms used throughout the document, including medical terminology and legal concepts
4. Acknowledgment of Risks: Detailed description of potential risks and complications associated with the medical procedure or treatment
5. Voluntary Participation: Statement confirming that the patient is entering into the agreement voluntarily and without coercion
6. Release of Liability: Scope of the liability release, subject to Swiss law limitations on what can legally be waived
7. Medical Information Consent: Authorization for collection, use, and sharing of medical information in accordance with Swiss data protection laws
8. Emergency Authorization: Consent for emergency medical intervention if required during the procedure
9. Financial Responsibility: Statement regarding payment obligations and insurance matters
10. Governing Law: Specification of Swiss law as governing law and jurisdiction for disputes
1. Language Declaration: Required when the patient's primary language is not the language of the document, confirming translation arrangements
2. Research Participation: Include when the treatment involves research elements governed by the Human Research Act
3. Photography Consent: Include when medical photography or videography may be needed for documentation or education
4. Student Involvement: Required when medical students or trainees may be involved in care
5. Electronic Records Consent: Include when electronic patient records will be maintained under EPRA
6. Special Medical Conditions: Include when patient has pre-existing conditions that may affect treatment
1. Schedule A - Procedure Details: Detailed description of the medical procedure or treatment
2. Schedule B - Specific Risks: Comprehensive list of procedure-specific risks and potential complications
3. Schedule C - Post-Procedure Care: Instructions and responsibilities for after-care
4. Appendix 1 - Patient Medical History: Relevant medical history and current conditions
5. Appendix 2 - Insurance Information: Details of applicable insurance coverage and limitations
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