Liability on Contract?

asunlitrose · 06-22-2008, 08:18 PM

Do you put a liability part in your contract? How do you word it?

Seems like it would be hard to do. How do you get the client to agree that they will not hold you responsible if something happens to their baby?

DoulaMegz · 06-22-2008, 08:46 PM

Mine is highlighted and I discuss it with the couple before they sign it so they understand I'm not liable if their baby has issues and I cannot make guarantees about the outcome of their birth. here's a snippet from my contract:

I am not liable for the medical outcome of this birth, retaining me as your doula is in no way a guarantee that you will have the “perfect” birth.

asunlitrose · 06-22-2008, 09:37 PM

Ahh. Maybe I should specify that I am a postpartum doula. This can involve me holding, bathing their babies, etc.

I guess I might say something like:

"We agree that you will not be held responsible if anything happens to our child(ren) when you are present. We understand that you are not a medical professional and will not be making medical diagnoses; only referrals if you deem it necessary. You will not be held responsible if you fail to make a referral or our child(ren) fall ill."

Something like that, but is that too harsh? I don't know how to word it delicately.

Intuitivedoula · 06-22-2008, 09:52 PM

You might consider having clients who hire you sign an arbitration agreement. By signing the agreement they agree to give up their right to a jury trial and agree to mediation.
This could be a huge savings in the event of a lawsuit.
You cannot have anyone sign something that gives up their right to sue in the case of some unfortunate result - even if you are not at fault. Basically, anyone can sue anyone for anything. Whether or not there are grounds for a suit is partly what is decided after the suit is issued.
That is why there is malpractice insurance.
I have noticed that often, when something happens, it is not the client that sues, but often family members who encourage the client to make a claim against whoever was present.

Carla

FLLucinda · 06-22-2008, 10:16 PM

Quote:

Originally Posted by asunlitrose

Ahh. Maybe I should specify that I am a postpartum doula. This can involve me holding, bathing their babies, etc.

I guess I might say something like:

"We agree that you will not be held responsible if anything happens to our child(ren) when you are present. We understand that you are not a medical professional and will not be making medical diagnoses; only referrals if you deem it necessary. You will not be held responsible if you fail to make a referral or our child(ren) fall ill."

Something like that, but is that too harsh? I don't know how to word it delicately.

Have you considered carrying liability insurance? CM&F Group has it for postparum doulas and birth doulas. Check out their site at http://www.cmfgroup.com/ You can word your contract however you'd like but he sad fact is that anyone can sue you for anything at anytime. I carry liability insurance through CM&F and it gives me great peace of mind and protects my family. Whether you have done anything wrong or not you can be dragged into a suit and the attorney fees alone can financially ruin you and your family. Do a check here on the forum as there has been much discussion in the past regarding insurance. Well worth the $128.00 a year I pay!

asunlitrose · 06-23-2008, 12:01 AM

Quote:

Originally Posted by FLLucinda

Have you considered carrying liability insurance? CM&F Group has it for postparum doulas and birth doulas. Check out their site at http://www.cmfgroup.com/ You can word your contract however you'd like but he sad fact is that anyone can sue you for anything at anytime. I carry liability insurance through CM&F and it gives me great peace of mind and protects my family. Whether you have done anything wrong or not you can be dragged into a suit and the attorney fees alone can financially ruin you and your family. Do a check here on the forum as there has been much discussion in the past regarding insurance. Well worth the $128.00 a year I pay!

I want to carry liability insurance someday, definitely. But my first client came on unexpectedly (yay for referrals!) so I find myself rushing to finish this paperwork. I wasn't even going to begin my practice until I move (halfway across the U.S.), and I haven't even been advertising, but I didn't want to turn down a client that fell into my lap. I don't have enough money yet to pay for the liability insurance!

Maybe for now I'll just leave the liability part out of the contract...

JackieM · 06-23-2008, 05:12 PM

Liability insurance was discussed at my doula workshop earlier this month. Here's a summary of what the instructor said:

She is not aware of any doula that has been held liable for the outcome of any birth. In many instances, a doula had been present at a traumatic birth where baby was stillborn, damaged by instrumental delivery, etc. In those cases, the doctors, hopsitals (and sometimes the nurses) were all named in lawsuits, but the doula never was. The instructor was able to speak with a few lawyers who have handled such cases, and they all indicated that if the doula had had liability insurance, she would have been sued, too (because at that point, it's all about the money to the lawyers). So the lawyers told her two things: as person attending childbirths, she should definitely have liability insurance; and the best way to avoid being sued or held liable is to not carry liability insurance. So contradictory advice.

In other words, liability insurance can make you a target of lawsuits and can actually increase your odds of being sued, according to the lawyers consulted by my instructor.

So it's really a catch-22. My guess is, like most things in life (especially birth!), it comes down to what risks you're comfortable with. I have chosen not to get liability insurance; as long as I abide by the DONA standards of practice, there is almost no way I can be held liable for any adverse outcome at a birth.

I also have a clause in my contract (I am a birth doula) that states: As your doula, I can help you plan and prepare for your ideal birth, but I cannot guarantee the outcome of your birth. Then my contract goes into the things a doula DOES NOT do, as well as "extenuating circumstances" (if a cesarean becomes necessary, I will accompany mom during surgery if I'm allowed, etc. but that my full fee still applies). In other words, I don't give discounts or offer refunds if their birth goes awry.

This may all be a moot point, as the original poster is a postpartum doula. In that case, since PP doulas have so much more direct contact with baby, I would probably get liability insurance.

Bleh, this kind of stuff is never easy, is it?

FLLucinda · 06-23-2008, 06:34 PM

Jackie, My brother, who is an attorney, liked the fact that my contract also states what a doula "does not" do. You are right that it is a catch-22 and each doula has to decide for herself what risks she's willing to take. I think more of the reason I chose to take out insurance is not so much that I would be sued personally but to cover attorney costs in the case of a splattergun suit or to cover fees for things like depositions, etc... it can make you more of a target but again each doula has to decide what risk she's willing to take.
I also agree that as a PPD I think I'd be even more apt to take out a policy!

earthgirl · 06-23-2008, 08:17 PM

So can someone find out if you have ins.? I'm thinking of getting ins., but not allowing it for public info. KWIM?

AmandaB · 06-23-2008, 09:49 PM

I have a "what I don't do section on my contract" and also at the bottom underneath the signature I have a sentence that says; "*Please note that in signing this contract you agree not to hold me criminally or legally liable for any unforeseen outcome*".

I do not carry liability ins. I almost see it as a target on my back, plus it is expensive (why the heck do you think GPs are getting out of the birthing biz?). I stay well within my Scope of Practice from my certifying orgs and it keeps me in the clear.