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-   -   Medical... Arbitration Only..No Lawsuit (https://www.talkofthevillages.com/forums/medical-health-discussion-94/medical-arbitration-only-no-lawsuit-290770/)

roob1 05-01-2019 12:56 PM

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???

retiredguy123 05-01-2019 01:39 PM

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.

roob1 05-01-2019 02:06 PM

The patient agrees to binding arbitration, according to the document....no mention at all of non binding.

retiredguy123 05-01-2019 02:10 PM

Quote:

Originally Posted by roob1 (Post 1646432)
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.

blueash 05-01-2019 05:37 PM

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.

graciegirl 05-02-2019 05:45 AM

Quote:

Originally Posted by blueash (Post 1646479)
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...…

thetruth 05-02-2019 10:45 AM

Wow
 
Quote:

Originally Posted by roob1 (Post 1646408)
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.

roob1 05-03-2019 04:28 AM

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 (Post 1646607)
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.


ColdNoMore 05-03-2019 05:16 AM

Quote:

Originally Posted by roob1 (Post 1646408)
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.


ColdNoMore 05-03-2019 05:18 AM

Quote:

Originally Posted by blueash (Post 1646479)
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. :thumbup:


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