What Role Does the Medical Statement Play in Liability Cases?

The medical statement's purpose is for all concerned to make sure the diver is aware of any medical conditions that may cause injuries while diving. It can become evidence that the diver was fit to dive – or, contrarywise, that the diver concealed a physical condition that was a contraindication to diving.

The medical statement's purpose is to alert the diver to medical conditions that may cause injuries while diving, so the diver can seek proper medical attention and advice prior to engaging in diving. It is significant evidence in the defense of the dive operator when it reflects that the diver was fit to dive pursuant to a physician's statement and/or that the diver concealed a physical condition that was a contraindication to diving.

When the injury or death was due to a physical condition concealed by the diver or that was not recognized or considered by the physician to be a contraindication to diving, courts and juries rarely think twice about finding in favor of the dive operator.

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