The Health Waiver serves as a critical risk management tool for healthcare providers and facilities operating in the Philippines. This document is essential when providing medical treatments, procedures, or health-related services that carry inherent risks. It should be used prior to administering medical procedures, participating in clinical trials, engaging in physical therapy, or undertaking any health-related activities where the provider needs to document the patient's informed consent and acceptance of risks. The waiver must comply with Philippine regulations, including the Medical Act, Data Privacy Act, and Civil Code provisions regarding consent and contract validity. It typically includes comprehensive risk disclosures, emergency protocols, data handling permissions, and liability limitations while preserving essential patient rights under Philippine law.
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1. Parties: Identification of the healthcare provider/facility and the individual signing the waiver
2. Background: Context of the medical service, treatment, or activity being provided
3. Definitions: Key terms used in the waiver, including medical terminology and legal concepts
4. Acknowledgment of Risks: Detailed description of potential risks and complications associated with the treatment or activity
5. Voluntary Participation: Declaration that participation is voluntary and participant is of legal age and sound mind to consent
6. Waiver of Liability: Core waiver language releasing the provider from liability for specified risks
7. Medical History Declaration: Participant's confirmation of disclosed medical history accuracy
8. Emergency Authorization: Permission to seek emergency medical treatment if necessary
9. Data Privacy Consent: Consent for collection and processing of personal and health information as per Data Privacy Act
10. Governing Law: Specification that Philippine law governs the waiver
11. Severability: Statement that invalidity of any provision doesn't affect other provisions
1. Insurance Declaration: Used when participant needs to confirm their insurance status or when insurance is required
2. Special Medical Conditions: Added when specific medical conditions need special acknowledgment
3. Photo/Video Release: Include when procedures may be photographed/recorded for medical or educational purposes
4. Translator Certification: Required when waiver is explained through a translator
5. Parent/Guardian Consent: Required for minors or individuals unable to provide legal consent
6. Infectious Disease Acknowledgment: Added during public health emergencies or for specific infection risks
7. Arbitration Clause: Optional dispute resolution mechanism, if preferred over court proceedings
1. Schedule A - Specific Risks: Detailed list of specific risks associated with the procedure or activity
2. Schedule B - Medical History Form: Standardized form for declaring relevant medical history
3. Schedule C - Emergency Contact Information: Contact details for emergencies
4. Appendix 1 - Facility Rules and Protocols: Relevant facility safety and hygiene protocols
5. Appendix 2 - Post-Procedure Instructions: When applicable, instructions for after the procedure or activity
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