<p>In the 3 years since I moved, I have slowly built up a (small) roster of medical specialists for my family’s medical and dental needs. Thankfully, we don’t have any major medical issues so the roster isn’t big. The one specialty in which my search has been particularly frustrating has been for a gynecologist.</p>
<p>So far, every gynecologist I have called in this area for an initial appointment has wanted me to sign a mandatory arbitration agreement that would prevent my ever suing them. Now, I have never been involved in any medical suit in my life. Actually, no civil suits in any field in my life. I’m not a lawyer, and I’m not married to a lawyer. According to the practice managers I’ve spoken to, the local malpractice insurance providers make these agreements a requirement for providing coverage to the physicians. Nonetheless, I’m very wary of giving up my right to bring a suit in a public court of law, so I haven’t yet signed one of these agreements, and I also therefore have not yet found myself a local gynecologist.</p>
<p>I’d like to hear from other interested CC-er’s –</p>
<p>1) is this the case for gynecologists in your part of the country? (Mine is Central Florida.)<br>
2) Have you signed a mandatory arbitration agreement and lived to regret it?</p>
<p>I hate those mandatory arbitration clauses. Usually, it’s mandatory arbitration, the other side (in this case, the doctors) picks the arbitrators. Or, if they don’t actually pick the arbitrators, they have veto power over the arbitrators and know which arbitrators are likely to rule in their favor. It’s so unfair.</p>
<p>I seem to remember hearing once that Florida has some of the highest malpractice insurance rates. It is possible that the only way these physicians can get insurance is to sign these agreements, especially if they also practice OB. You should be able to look up the Florida state medical board’s website and see if any of these doctors have an unusual record of complaints like suspended licenses, or other red flags. Just being sued, especially if it was just once is not necessarily a red flag since many, many OB’s will be sued whether or not they were at fault. Maybe if a dr. doesn’t have any red flags in his/her history, you might feel better about signing an agreement?</p>
<p>We live in NJ. I’ve worked in healthcare for 30+ years, seen many different docs, had two babies, etc etc and have NEVER been asked to sign one of these.</p>
<p>My husband, an MD in NY, is skeptical about this kind of agreement (never heard of anything similar around here), and suggests you contact your state department of health to find out what the law is. He reminded me that he refused to sign an arbitration agreement in Michigan 26 years ago, when we were leaving the hospital after d1 was born. He actually worked for the same hospital, but there had been several problems during her birth and he wouldn’t give up his right to consider suing despite being pressured by higher-ups. He’s hard-headed like that. Thankfully, no birth injuries resulted and so there was never a reason to consult an attorney.</p>
<p>Like musicmom, I’ve never heard of this before and I’ve worked as a healthcare attorney for over 25 years. My guess is that they are able to get reduced malpractice rates if they agree to only accept patients who agree to arbitration. I wouldn’t agree to it (unless I had no viable alternative).</p>
<p>Malpractice insurance premiums for obstetrics are through the roof here in Florida and this practice is fairly widespread. They post a sign in the office stating they do not carry liability insurance and require all of their patients to sign arbitration agreements. Others have given up OB entirely and just do GYN. Many MDs in high risk specialties have left the state entirely.</p>
<p>In the last probably 6 years, every doctor I’ve gone to or taken my kids to has asked for one of these. I just went to a new doctor today, and had to sign one. I’m in California, maybe it’s one of those regional things.</p>
<p>Well, the claim of the office manager that I spoke to most extensively is that this is the ONLY way that the practice can get malpractice insurance – that the insurance companies that write policies in this state are all insisting on this. Keep the stories coming folks – I am outraged at this, and think eventually the courts should be able to overturn these agreements. I know this hasn’t happened yet, but I don’t understand how you can give up a right to sue someone for something that hasn’t yet happened…</p>
<p>I don’t think it’s a matter of courts overturning these eventually. I would venture a guess that they are likely unenforceable in most courts. It’s really a contract of adhesion (where one party has all of the bargaining power). They could be voided as being unconscionable. It’s possible that it’s worth it to the insurance company for the deterrent factor even if they’re not sure they’d actually hold up in court if challenged.</p>
<p>Your information may be more up to date, since I remember seeing the sign at my wife’s OB during the sonogram of our daughter who is now a college grad. :D</p>
<p>I recently had to sign an agreement to get some legal work done. I was not given an option to bargain with them. My choice was to sign or go elsewhere. How is this different than the scenario of this thread?</p>
<p>Malpractice companies are under no obligation to provide coverage anywhere they don’t want to. They can set any criteria they want in order to provide coverage as that is a contract between them and the physician. There are places in this country where no company will provide coverage due to bad claims history. We only have two companies that provide policies in my state and we are considered a ‘good’ state.</p>
<p>I am an attorney & have never had to sign such a policy that I can recall for any of the docs who are treating me, including my ob/gyn. This was even when I worked for a firm who was known for malpractice cases (representing injured parties).</p>
<p>I generally go to the best docs I can find whose personalities suit mine (I ask a lot of questions & take an active role in my healthcare). I would go to those docs, even if they had me sign an agreement & if something went very wrong, I’d let my attorney deal with whatever needed to be handled, be it arbitration or having a lawsuit to invalidate the agreement/contract.</p>
<p>I’m in southern CA. I cannot remember when I didn’t have to sign an arbitration form for physician or hospital (labs/mammogram). I thought it was everywhere. Surprised it’s not. Seems like almost each yr most offices require an insurance and address update, new hippa, and new arbitration form.</p>
<p>Ditto. When this first came up for me about 8 years ago, I refused to sign. Why would I voluntarily waive my Constitutional right to a jury trial? </p>
<p>Two physicians in the practice group came into the room and tried to talk me into signing. It was very awkward because it sets up a relationship without trust and confidence. I wouldn’t sign it, and told them I would go elsewhere if that was the only choice. It was and I did. Several months later, I received a letter from that practice telling me they had decided to forego the waiver, but I had already found another provider.</p>
<p>8 years later, it seems like every provider requires it, and I have given up and I sign them all. It is too much work to find someone else.</p>
Thankfully, no birth injuries resulted and so there was never a reason to consult an attorney.</p>