How do we resolve the issue when a hospital insists that we indemnify or hold them harmless from any claims, costs, etc. due to the actions of our students or employees?
This is always a challenging situation. The best thing to do is to educate the affiliated entity that the university cannot waive its statutory right of sovereign immunity. Clauses, which demand that the university not hold an affiliator legally responsible for any actions or to reimburse the affiliator for any damages, are strictly prohibited. These are commonly noted as “Indemnification and Hold-Harmless Clauses.” As an alternative, the language below is commonly substituted and is to be included in every affiliation agreement as standard language. This clause acknowledges that each party has the right to pursue whatever remedies are available to them as provided by law. In that the law strictly prohibits certain litigation or the awarding of certain damages against the Commonwealth (sovereign immunity), the university is, for the most part, protected by statutory authority.
Related Questions
- How do we resolve the issue when a hospital insists that we indemnify or hold them harmless from any claims, costs, etc. due to the actions of our students or employees?
- How can building collaborative networks with public health and mental health systems help to resolve this issue?
- WHY IS IT NECESSARY FOR THE SPONSOR TO INDEMNIFY (i.e., Hold Blameless or Hold Harmless) MUOT?
