Forfeiting the right to go to court?

posted 3 years ago in Legal
Post # 3
Member
5697 posts
Bee Keeper
  • Wedding: August 2012

I don’t think I would even sign that…. If this doctor did something totally outrageous to you, you’ve already given up your right to properly sue them. They’re trying to save their money and their reputation, before you’ve even met them.

I don’t like it… I don’t like it one bit… 

Post # 4
Member
2878 posts
Sugar bee
  • Wedding: May 2014

@bebelicious1:  This is pretty standard.  It’s in most contracts you sign, down to your iTunes account has an arbitration clause in it, probably most online terms of service that you have never read have it, most appartment contracts, sales contracts for homes. 

Arbitration is still decided by a third party. You can still have an attorney.  The biggest difference is that you will never have a jury (and considring that most jurys don’t know jack, it’s not the wrost thing)   The costs for abitration are minimal compared to court costs.  It takes a lot less time.  The person deciding the mater will typically have expertiese in the mater they are deciding.  In a lot of cases, it will take years to get through a court system with appeals, but abritation takes a lot less time. 

Post # 5
Member
965 posts
Busy bee
  • Wedding: January 2014

@bebelicious1:  Your doctor probably had to do this in order to get their liability insurance renewed. Arbitration is basically saying that you are going to let a professional decide what is fair instead of a jury. People can be easily swayed one way or the other based on emotions, not the law, so this is their way to ensure that the law is what decides how much money you get, and not someone’s emotions.

I am all for it. If there were less lawsuits against Drs then our healthcare wouldn’t be so expensive.

Post # 6
Member
1802 posts
Buzzing bee

Nope, I would never sign that. I get that some people are sue happy, but that’s just dangerous. I knew a girl who went in for a routine surgery, signed a form like that, and something went wrong during the procedure. She now suffers daily from seizures, can’t work or drive and depends on her father and service dog. She wasn’t allowed to sue due to a paper that her father signed without even being told what it meant. That is how they get you. They either ask you to sign and don’t really give you time to read or they don’t explain it in depth enough for non medical people to understand. 

Post # 7
Member
965 posts
Busy bee
  • Wedding: January 2014

@beetee123:  It says that they have to go to arbitration, not that she can’t sue.

What your friends dad signed is different. It lists the possible risks and says you can’t sue if xyz (specific examples) happen. Since one of the forseen complications happened to her, she couldn’t sue. She still had the surgery after being provided the risks.

Post # 11
Member
1947 posts
Buzzing bee
  • Wedding: May 2013

I bet its your doctors malpractice insurance company that makes his patients sign the form – not that he’s worried you will sue!

Post # 12
Member
6812 posts
Busy Beekeeper
  • Wedding: June 2014

@bebelicious1:  It’s pretty standard in normal contracts, but I’ve never seen it in a doctor’s office. I would not be ok with this.

Post # 16
Member
3170 posts
Sugar bee
  • Wedding: May 2012

I think it’s strange that a Doctor’s office would have you sign an arbitration agreement. I think that arbitration has its place, I just don’t think that a medical malpractice case is it. I’ve generally seen it in contract cases. As a side note, I also think that people don’t give juries enough credit. I’ve only been in the legal field a few years, but I’ve found that the vast majority of the time juries take their job seriously and make good decisions. 

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