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  #1  
Old 05-01-2019, 12:56 PM
roob1 roob1 is offline
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Default Medical... Arbitration Only..No Lawsuit

A local eye group, prior to cataract surgery, requires the patient to sign a document giving up his/her right to sue the doc for liability/malpractice. Patient has to agree to resolve any issue usually open to lawsuit, by arbitration only.

Thoughts???

Last edited by roob1; 05-01-2019 at 01:15 PM.
  #2  
Old 05-01-2019, 01:39 PM
retiredguy123 retiredguy123 is offline
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I think Florida law requires non-binding arbitration for malpractice issues, but does allow the patient to sue if they don't agree with the arbitration decision. Some doctors have tried to make the arbitration binding with a signed statement, but I don't think the courts have allowed it to be binding. I would read the agreement carefully to see if the doctor is changing the arbitration decision from non-binding to binding.
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Old 05-01-2019, 02:06 PM
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The patient agrees to binding arbitration, according to the document....no mention at all of non binding.
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Old 05-01-2019, 02:10 PM
retiredguy123 retiredguy123 is offline
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Originally Posted by roob1 View Post
The patient agrees to binding arbitration, according to the document....no mention at all of non binding.
There have been court cases where those agreements were not enforced because they were not consistent with the Florida statutory non-binding arbitration rules. So, if you sign the document, you can probably still sue the doctor if you don't agree with an arbitration decision.

Last edited by retiredguy123; 05-01-2019 at 02:18 PM.
  #5  
Old 05-01-2019, 05:37 PM
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blueash blueash is offline
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Exposure to litigation is part of the practice of medicine. You wouldn't get in a taxi if the cab driver made you sign away your right to sue if he ran a stop sign. You wouldn't go in a store if at the door you were forced to sign away your right to sue if the floor had not been mopped and you fell due to their negligence.

I wouldn't sign, and I say that as a retired MD. Also, please tell us what doctor or group has this policy so I and others can avoid it when it is time for our turn for cataract removal.
  #6  
Old 05-02-2019, 05:45 AM
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Quote:
Originally Posted by blueash View Post
Exposure to litigation is part of the practice of medicine. You wouldn't get in a taxi if the cab driver made you sign away your right to sue if he ran a stop sign. You wouldn't go in a store if at the door you were forced to sign away your right to sue if the floor had not been mopped and you fell due to their negligence.

I wouldn't sign, and I say that as a retired MD. Also, please tell us what doctor or group has this policy so I and others can avoid it when it is time for our turn for cataract removal.
Ocala Eye. And they are excellent...…
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Last edited by graciegirl; 05-03-2019 at 06:12 AM.
  #7  
Old 05-02-2019, 10:45 AM
thetruth thetruth is offline
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Quote:
Originally Posted by roob1 View Post
A local eye group, prior to cataract surgery, requires the patient to sign a document giving up his/her right to sue the doc for liability/malpractice. Patient has to agree to resolve any issue usually open to lawsuit, by arbitration only.

Thoughts???
I do not like attorneys but this might be a good time to consult one. It should not cost much.

Your post-I suspect that what you are not saying is that you have signed such an agreement and now have an issue with completed surgery.

I'm not an attorney but I seem to recall seeing something about arbitration. If, I recall it was against arbitration and as it was explained the claimed arbitrator is actually PAID by the doctor and or the insurance company. FAIR? You are a one time injured
person. The arbitrator wants to keep their job and the persons signing their paycheck.

You've not asked but I had my cataracts done by Dr Wehrly of Lake Eye Associates just over a year ago AND I AM THRILLED WITH THE RESULTS.
  #8  
Old 05-03-2019, 04:28 AM
roob1 roob1 is offline
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Researching is something we do PRIOR to making a commitment.

Actually, one arbitrator is chosen by the medical group, one by the "consumer", and the 3rd by the 2 chosen arbitrators.


Quote:
Originally Posted by thetruth View Post
I do not like attorneys but this might be a good time to consult one. It should not cost much.

Your post-I suspect that what you are not saying is that you have signed such an agreement and now have an issue with completed surgery.

I'm not an attorney but I seem to recall seeing something about arbitration. If, I recall it was against arbitration and as it was explained the claimed arbitrator is actually PAID by the doctor and or the insurance company. FAIR? You are a one time injured
person. The arbitrator wants to keep their job and the persons signing their paycheck.

You've not asked but I had my cataracts done by Dr Wehrly of Lake Eye Associates just over a year ago AND I AM THRILLED WITH THE RESULTS.
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Old 05-03-2019, 05:16 AM
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Quote:
Originally Posted by roob1 View Post
A local eye group, prior to cataract surgery, requires the patient to sign a document giving up his/her right to sue the doc for liability/malpractice. Patient has to agree to resolve any issue usually open to lawsuit, by arbitration only.

Thoughts???
My first thought is that they've lost a lot of malpractice cases in court and are finding their medical malpractice insurance premiums...to be very high and have decided to go this route.

According to this article, the first thing to do is to find out what the State of Florida laws are...in regards to what is allowed and/or required in the notice to be signed.



Medical Malpractice Arbitration (poke here)

Quote:

The validity of an arbitration clause can be challenged in court. Courts are somewhat skeptical about arbitration clauses in medical malpractice cases, but most courts generally enforce them, depending on the circumstances.

However, arbitration clauses that fail to comply with state medical malpractice laws are often unenforceable. For example, a state law might require an arbitration clause to clearly indicate that a patient does not need to sign the agreement in order to receive treatment. Any clause that fails to comply with that requirement would probably be unenforceable.
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Old 05-03-2019, 05:18 AM
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Quote:
Originally Posted by blueash View Post
Exposure to litigation is part of the practice of medicine. You wouldn't get in a taxi if the cab driver made you sign away your right to sue if he ran a stop sign. You wouldn't go in a store if at the door you were forced to sign away your right to sue if the floor had not been mopped and you fell due to their negligence.

I wouldn't sign, and I say that as a retired MD
. Also, please tell us what doctor or group has this policy so I and others can avoid it when it is time for our turn for cataract removal.
Although I'm not a retired MD...I totally agree with you.
  #11  
Old 05-03-2019, 06:18 AM
retiredguy123 retiredguy123 is offline
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I would try to avoid signing the doctor's agreement, if possible, but I don't think it would prevent an attorney from suing the doctor on your behalf. Several Florida Supreme Court cases have ruled that these agreements are unenforceable because they invalidate the Florida MMA (Medical Malpractice Act). That law requires mandatory non-binding arbitration, whereby the patient can sue the doctor if they don't agree with the arbitration decision. Apparently, these doctor agreements are trying to invalidate the law.

JANUARY 18, 2017
Florida Supreme Court Finds Medical Malpractice Arbitration Agreement Unenforceable
  #12  
Old 05-06-2019, 04:42 PM
Quixote Quixote is offline
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I have a friend who was so poorly cared for by a specialist at Ocala Eye that he is now blind to a great extent and only recently found out that there was much that could have been done to prevent his being where he is now. The poster who said that the document may have come about following several malpractice issues may be right on. What I have heard is that THE best practice for cataract surgery in TV is St. Luke's in LSL, 352-350-8484.
  #13  
Old 05-06-2019, 05:02 PM
capecoralbill capecoralbill is offline
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Quote:
Originally Posted by Quixote View Post
I have a friend who was so poorly cared for by a specialist at Ocala Eye that he is now blind What I have heard is that THE best practice for cataract surgery in TV is St. Luke's in LSL, 352-350-8484.
I believe St Luke's uses their clearwater office for some procedures, Id rather stay in the Villages.
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