This third edition of Indemnification in Health Care Contracting analyses in depth the nature of indemnity as used in the health care industry, the choices to be made when drafting a contract, and the potential implications for the contracting parties’ liability to each other and to third parties. Although indemnification clauses are commonly included in health care contracts, they can be particularly troublesome in the managed-care and service contract settings.
- An overview of the various types of risk that may be covered by an indemnification clause
- The features and differences between common-law contribution and equitable indemnity, and the case law
- The use of indemnification clauses as a risk-shifting mechanism
- Insurance coverage for the assumed risk, and various clauses from different parties’ perspectives
- Identification of the key questions that an attorney should consider when determining if an indemnification clause should be included
- A useful checklist to assist in the development and negotiation of indemnification clauses as well as sample clauses
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