Example Medical Malpractice Settlement Release Language

Below is sample language for a settlement agreement in a medical malpractice case.    Settlement Agreement and Release This Settlement Agreement and Release (“Settlement Agreement”) is made and entered into this___ day of _________, 2020, by and between Ryan P. Malone (“Mr. Malone”) and Ryan Jones Medical Center, Inc. (“Jones” or “Jones Hospital”).

RECITALS

1. In April, 2020, Mr. Malone filed a Statement of Claim and complaint in the Health Care Alternative Dispute Resolution Office, HCADRO No. 2020‑063, alleging negligent acts and omissions by Jones, Keith Hudson, M.D., and Jones employees in connection with medical care and treatment provided to him. Mr. Malone obtained a HCADRO Order of Transfer and subsequently filed a lawsuit in the Circuit Court for Baltimore City, Case No. 24-C-20-001314, asserting claims of negligence against Jones HospitalJones and Dr. Hudson maintain that they and their agents and employees, and all other involved physicians, nurses, and hospital employees, provided appropriate care and treatment to Mr. Malone. Jones and Dr. Hudson deny liability and deny that any act or omission on their part or the part of any other involved physicians, nurses, agents, representatives, employees, or corporate affiliates involved in providing medical care caused or contributed to any injuries allegedly sustained by Ryan Malone.
2. Mr. Malone and Jones desire to enter into this Settlement Agreement in order to provide for a settlement payment in full settlement and discharge of any and all claims which have been alleged in the HCADRO complaints and the Circuit Court lawsuits, on the terms and conditions set forth herein. It is the intention of the Parties by entering into this Settlement Agreement to bring to an end all claims, controversies, lawsuits or disputes involving any medical care rendered by Dr. Hudson, Jones and Jones’s employees, agents, nurses or physicians to Mr. Malone. The terms Released Parties, Releasor, Releasing Parties and Occurrence are each hereinafter defined.

SECTION I
Definitions

1. The term “Releasing Parties” includes Mr. Malone, his heirs, successors, assigns, and representatives; and any persons, firms or corporations acting actually or apparently on his behalf or based on rights actually or arguably derived from him, including all surviving family members or any lienholders (whether said lien is created by statute, common law, contract or otherwise).
2. The term “Released Parties” includes Jones Medical Center, Inc., Keith Hudson, M.D., all corporate entities affiliated with the aforementioned entities and persons in any way; all liability insurers for the aforementioned entities and persons; all other physicians, nurses, employees and other health care providers affiliated with Jones who provided care and treatment to Mr. Malone at Jones Hospital through the date of this Settlement Agreement; and with regard to any damage or injury allegedly associated with or caused by said medical care and treatment, and any act or omission occurring in connection with that medical care, any actual or apparent agent, employee, physician, representative, nurse, consultant, employer, successor, predecessor, affiliate, principal, heir, devisee, executor, assign and insurer of the above named entities and physicians.
3. The term “Occurrence” refers to all medical, hospital and nursing care, consultation, informed consent and treatment rendered to or not rendered to Mr. Malone by the Released Parties and their physicians, nurses, employees, principals, employers, agents and representatives, through the date of this Settlement Agreement, including but not limited to all claims of improper care or treatment or claims arising out of medical care which were or which could have been asserted by Mr. Malone in the HCADRO complaint or the Circuit Court lawsuit.

SECTION II
Warranty of CapaCounty to Enter Into Release Agreement

1. Mr. Malone represents to be of legal age and under no legal disability or legal disqualification of any kind, and fully and completely competent to execute and deliver this Release on behalf of the Releasing Parties. Mr. Malone represents and warrants that no other person or entity has any interest in the claims, demands, allegations or causes of action referred to in this Settlement Agreement except as otherwise set forth herein and that he has the sole right and exclusive authority to execute this Settlement Agreement, to receive the sum specified in it and to release all claims. Mr. Malone further represents and warrants that he has not sold, assigned, transferred, conveyed or otherwise disposed of any claim, demand, obligation or causes of action referred to in this Settlement Agreement.

SECTION III
Release Agreement

1. In Consideration for the payment called for herein, Mr. Malone, individually and on behalf of the Releasing Parties hereby releases, discharges and forever acquits the Released Parties AND ANY AND ALL OTHER PERSONS, FIRMS OR CORPORATIONS WHO ARE OR MAY BE CLAIMED TO BE LIABLE TO THE RELEASING PARTIES,from all claims of any kind, nature or description the Releasing Parties may have against them, arising from or proximately caused by the Occurrence, whether or not those claims are in the present contemplation of the parties, including but not limited to any actual or potential claims for personal injury or death, lack of informed consent, pain, suffering, humiliation, anguish and embarrassment, medical expenses for treatment of injuries, lost wages, income or other economic loss, disfigurement, loss of consortium and solatium, lost chance of survival, funeral expenses, damages for survival and/or wrongful death, damage to property of any kind, real or personal, or for punitive or exemplary damages, or for any and all other claims, expenses or costs, including all liens of any kind, known or unknown, attorneys’ fees and other costs of litigation.
2. Mr. Malone, individually and on behalf of Releasing Parties, acknowledges and understands that this Release will bar any and all claims, potential claims and future claims against the Released Parties by the Releasing Parties, their heirs, assigns, personal representatives and beneficiaries as a result of or arising out of the Occurrence. The Releasor, individually and on behalf of Releasing Parties, hereby acknowledges and agrees that he and the Releasing Parties further expressly waive and assume the risk of any and all claims for damages which exist as of this date, or which may arise in the future of which he does not know or suspect to exist or to arise, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect his decision to enter into this Settlement Agreement and Release. The Releasor individually and on behalf of the Releasing Parties further agrees that he has accepted payment of the sum specified herein as a complete compromise of matters involving disputed issues of law and fact, and he assumes the risk that the facts or law may be otherwise than what they believe.
3. Within five (5) days of receipt of the settlement payment, Mr. Malone will cause the above-referenced Complaint filed in the Circuit Court for Baltimore County, Case Nos. 24-C-15-002596, to be “Dismissed With Prejudice.” Jones shall pay any open court costs for the lawsuits.
4. In consideration of the promises
   set forth in this Agreement and Release, payment of Nine Hundred Seventy-five Thousand Dollars ($975,000.00) will be made in the form of checks payable to Mr. Malone and his attorneys, Miller & Zois, LLC, the receipt and adequacy of which is hereby acknowledged. Payment shall be made no later than thirty (30) days following receipt by Jones of the executed Settlement Agreement and Release. It is understood and agreed that no settlement payment is being made on behalf of Keith Hudson, M.D.

SECTION IV
Other Claims

1. This Release is intended to be a general release of all claims. Without limiting the intent of this Release to release all persons who are, or may be claimed to be liable to the releasing parties, if a lawsuit is filed or a claim otherwise made by the Releasing Parties arising out of the Occurrence against any other person, firm or corporation other than a party released under this Release, the Releasor, individually and on behalf of the Releasing Parties hereby irrevocably consents that said claims against any party not released by this Release shall be reduced to the extent of the pro rata share of the released parties or the amount paid for this release, whichever is greater, pursuant to the Maryland Uniform Contribution Among Tortfeasors Act, Courts and Judicial Proceedings Article of Maryland Annotated Code, §3-1401, et seq. (Act) that such reduction shall occur whether or not any or all of the parties released under this Release are determined to be joint tortfeasors with the parties not so released, and that this Release may be introduced into evidence before any tribunal by any party in order to establish consent to the reduction pursuant to that Act.
2. If any other claim or lawsuit arising out of the Occurrence is made by any of the Releasing Parties, Mr. Malone on behalf of the Releasing Parties hereby covenants and agrees with the Released Parties and for themselves and their successors, heirs, administrators, executors and assigns to defend, indemnify and save each of the Released Parties harmless from all costs, damages, contribution, indemnity, loss of services, expenses, attorneys’ fees, litigation expenses and compensation for which any of the Released Parties are found liable to pay to anyone not released by this Settlement Agreement and Release as a result of the Occurrence and its results, past, present or future both to person and property, and to pay on behalf of the Released Parties all attorneys’ fees, court costs, or other costs of litigation which any Released Party may incur.
3. The Released Parties shall under no circumstances be required to pay to the Releasing Parties or to any third party any amount for damages caused by the Occurrence, other than the consideration paid pursuant to this Agreement.
4. Mr. Malone represents that there are no lien claims as of the date of this Agreement pertaining to the Occurrence. Mr. Malone agrees that it is his obligation to satisfy all liens or expenses of any kind that might arise from either the Occurrence, any medical care provided to him, or against the amount paid under this Release, and the Releasing Parties fully exonerate the Released Parties from any obligation to any lienholder. The Releasor, individually and on behalf of the Releasing Parties agrees that the Releasing Parties will indemnify, defend and hold harmless the Released Parties from any claim arising from the Occurrence made by any lienholder against the Released Parties, including the costs of any litigation and attorneys’ fees. Mr. Malone understands and acknowledges that he is responsible for any litigation expenses he may have incurred through the date of this Agreement, including but not limited to any attorneys’ fees or expenses claimed by Miller & Zois, LLC, and any attorney’s fees or expenses claimed by individual attorneys at that firm or by any other attorneys representing Claimants in connection with the Occurrence. Mr. Malone also understands and acknowledges that he is responsible for any local, state, federal or estate taxes that may be associated with the settlement payment he receives as part of this Release.

SECTION V
Other Provisions

1. This Release expresses a full and complete settlement of liability claimed and denied, is intended to avoid litigation, and is entered into for no other purpose. The parties acknowledge there is absolutely no agreement on the part of any or all of the persons, firms, or corporations herein released to make any payment or to do any act or thing other than what is expressly stated herein.
2. The undersigned acknowledges that this Release is a settlement and compromise of a disputed claim, and that none of the Released Parties make any admissions or concessions with respect to the merits of the undersigned’s claims, liability for which is expressly denied. The payment and the acceptance of the consideration for this Release are not to be considered as an admission of liability on the part of any of the Released Parties.
3. In mutual consideration and for the mutual benefit of the Parties, Mr. Malone and his counsel agree that the contents of this Release, the settlement amount, the identities of the parties, the facts leading to this settlement, and the terms of settlement are strictly confidential and may not be disseminated to other persons or entities. All Parties and their counsel also agree that there shall be no anonymous reporting of this settlement. Jones and its counsel also agree to the provisions in this paragraph. The parties agree that for income tax purposes, Mr. Malone is accepting $1,000 of the payment in full consideration for this provision. The parties also agree and acknowledge that but for this provision, Jones would not have agreed to this Settlement Agreement, that this provision is an integral and material term of this Settlement Agreement, and that in the event of breach of this provision by the Releasing Parties or their counsel, Jones may pursue any and all available legal remedies, including but not limited to rescission of this agreement and recovery of the full amount of the payment described on page 5 of this agreement.
4. This Settlement Agreement and Release contains the entire agreement between the Releasing Parties and the Released Parties with regard to the matters set forth herein, and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each.
5. All parties agree to cooperate fully and execute any and all supplementary documents, and to take all additional actions, which may be necessary or appropriate to give full force and effect to the terms and intent of this Settlement Agreement and Release.
6. This Settlement Agreement and Release shall not be modified or amended except by an instrument in writing signed by Mr. Malone and Jones.
7. If any provision within this Release shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such finding shall not otherwise affect the validity or enforceability of any other provision of this Release, and in lieu thereof, the parties shall substitute a provision as similar in terms to any illegal, invalid or unenforceable provision as may be possible that would make the provision legal, valid and enforceable.
8. This Release shall be controlled by and interpreted under the laws of the State or Maryland.
9. Mr. Malone acknowledges that he has read this Release, has had an opportunity to consult with counsel of his own choosing, and has signed this instrument voluntarily and freely and with understanding of its terms.
10. It is recognized that in the preparation of this Settlement Agreement and Release, and in the underlying action, all parties have been represented by counsel. Thus, this Settlement Agreement and Release shall be deem
    ed to have been jointly drafted by all parties. As such, in construing and interpreting this Confidential Settlement Agreement and Release, regardless of ambiguity, no provision shall be construed or interpreted in favor of or against any party on the basis that any provision was prepared or requested by any party.
11. This Settlement Agreement and Release shall become effective immediately upon its execution.

THIS IS A RELEASE
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