Quote:
Originally Posted by Bryan
If presented with such a waiver by any doctor, I would probably sign it IF I really needed the services of that particular doctor. I would still feel like that was a minor form of blackmail - sign a waiver or I won't treat you. If things did not work out and I was unhappy with the "service", I would not hesitate to complain and post to a web site such as RateMDs.com in spite of the waiver. For one thing, if what you say (or post) is truthful and factual, you are covered (prevarications are a no-no). For another, as the referenced article pointed out, it is sort of doubtful if a doctor would even prevail in a lawsuit over this unless he could prove you lied and slandered him.
|
This sounds like a contract between the patient and doctor with respect to treatment. It could be construed as an illegal contract under the freedom of speech clauses in state and the US Constitution. That would be an interesting case though about whether this kind of contract would pass constitutional muster if a patient signed this contract, then wrote something bad and the aggrieved physician sued the patient.
Looking it at this in a contractual light I do not believe the truthfulness of the statements would matter all that much.