Thought Leadership

The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who treated the dog bite. But before that, the plaintiff, who was unrepresented at the time, signed a release with the owners of the dog and their insurer as part of her settlement with them. The release language was broad and released the dog owners, as well as their: 

“…heirs, executors, administrators, insurers, successors and assigns, and any and all other persons, firms, corporations, associations, of and from any and all causes of action, suits, rights, judgments, claims and demands of whatsoever kind, in law or in equity, known and unknown, which I/we now have or may hereafter have, especially the claimed legal liability of releasee(s), arising from or by reason of any and all bodily or personal injuries and/or property damage known and unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by me/us arising out of the accident…” [emphasis in opinion].

The defendant providers filed a motion for summary judgment, asserting the release the plaintiff signed with the dog owners barred the claims against them. The trial court granted the motion for summary judgment. The plaintiff appealed, arguing that she was unrepresented and only intended to release the dog owners, not the medical providers. The Superior Court found this argument unconvincing, along with the plaintiff’s attempt to invoke the discovery rule, claiming the injuries were not discovered until after the release was signed, even though the dog bite was treated on the same day as the incident. The Superior Court found that the treatment of the dog bite undeniably “arises out of” the dog bite and the claims related to the treatment are barred by the plain language of the release. 

If you represent health care providers that are sued following treatment of an injury that arises out of an incident, such as a dog bite or slip and fall, always make sure to request signed releases in discovery and assert the appropriate affirmative defenses. 

_{Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}