Quote:
Originally Posted by Rsenholzi
I would be hesitant with Ocala eye. I went to the retina specialist and They tried to force me to sign a paper that I would not sue if something occurred and go to arbitration instead with a person chosen by them, a person chosen by me and one chosen by the 2 arbitrators. Didn’t want me to have my follow up appointment on a procedure that they did if I didn’t sign the paper. I have never sued anyone but it seemed underhanded to me especially when they added a clause that stated that none of my heirs could ever sue either.
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I think it is underhanded, but it is also unenforceable. Florida law requires medical malpractice issues to go through an arbitration process, which is "non-binding" on the patient. If the patient doesn't agree with the arbitration decision, then the patient can sue the doctor. Contracts, like the one you mentioned, have been taken to court, and several courts have ruled that a patient's right to sue for malpractice cannot be waived with a contract.