I've noticed on two medical appts. this week in Los Angeles that part of the package of forms a new patient is required to sign involves a waiver that states that you, the patient, agree to arbitration in any malpractice dispute and relinquish your right to a jury trial.
Two things spring to mind; the first is that it's not worth the paper it's printed on and like all such waivers is designed to fool stupid people into thinking they've signed away their rights to sue. The second is that malpractice insurance carriers are requiring MDs to present new patients w this form.
The first time it happened, (last week), I declined to sign it and the office staff just dismissed the issue and I saw the doctor. This morning it happened again and when I told them I would not sign it without educating myself about it first, the appointment was mutually canceled on the spot. There was a minor hassle when I removed all of the papers w my personal info from the clipboard and they did not want me to take them with me. It was settled when they shredded them in front of me.
Hey- all it had was my full name, address, ss#, DL#, photocopy of my DL and insurance card, etc... NBD.
Is this required to see a doctor now? Any experience w this, or better yet, actual lawyer advice? I left a message for a couple of trusted attorneys, waiting for response. I know that in general, waivers such as this are completely bogus and are designed to trick uneducated people into thinking they cannot sue, so they don't try. If it only works once, it's worth its weight in gold for the doctor.
And fwiw, I've never sued a medical provider, including once when I could have walked away w a very nice settlement.
