Scenario

• An indigent patient is admitted to a state hospital for an operation and post-operative medical treatment. At the time of admission the patient is asked to sign an agreement with the following clause: 

‘I exempt the hospital and/or its employees and/or agents from all responsibility and absolve them from any claim instituted by any person (including a dependent of the patient) for damage or loss of whatever nature (including consequential damages or special damages of any nature) resulting directly or indirectly from any injury (including fatal injury) sustained by the patient or any illness (including terminal illness) sustained by the patient, whatever the cause or causes, only with the exception of deliberate neglect by the hospital, employee or agents’.

• Should the courts uphold such an exclusion clause? Why or why not?