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Is It Normal to Sign a Waiver Before Plastic Surgery?
My doctor included a waiver form in my pre-op packet that forces me to use arbitration to resolve any future disagreements. Basically, I'm being asked to waive my right to a jury or judgement in court. Is this common practice for plastic surgeons? Or is this a white flag -- a warning that I should find another doctor?
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8 Doctor Answers |
Asked by
tnmom2009
in Nashville TN
+5
Arbitration Agreements in Plastic Surgery
The American legal system, including Tort (injury) Law, is largely a close copy of the British Legal system. But the American system has several glaring obvious differences which have most to do with the preservation of lawyers' income - not to preserve fairness.
In British Jurisprudence, the loser pays - if you sue and lose, you rightfully will need to pay the legal costs and financial losses of the party you (legally but unsuccessfully) assaulted in the courts. A lawsuit is as painful...
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+2
Pre-operative waiver
This is not something that I have ever asked a patient to do. I spend a lot of time during my consultation and pre operative visit discussing the procedure, post operative course and associated risks and complications. This provides a thorough understanding before getting anywhere near an operating room.
+2
Agree with everybody here on waiver before plastic surgery
I appreciate Dr. Aldea's discourse on a fundamental difference between American and British Jurisprudence. His views are correct and telling. Malpractice reform is so simple only the foul efforts of trial lawyers have prevented it.
1) Losers pay.
2) Contingency fees should be limited to 10%. The rest going to the plaintiff.
3) Awards and fines dealt to drug companies, which amount to millions, should go to the charity or research of the disease the drug was meant to treat,...
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+2
Malpractice insurance, arbitration agreements, waivers prior to plastic surgery
Many physicians use this to limit or avoid malpractice insurance. I have major concerns with the large percentage of awards that the lawyers take from the patient who has suffered an injury. While I believe that arbitration can be fair and avoid the unnecessary cost of litigation, I would investigate to see if your surgeon has a history of malpractice suits or at least ask other physicians or professionals in the medical community. When physicians or surgeons are uninsurable (possibly a...
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+1
Arbitration agreement
In New York, I believe a doctor cannot ask a patient to sign this type of form, but I know in other states it is permissible. I would not raise a red flag over this.
+1
Arbitration agreements
One of the top plastic surgeons in SF ( Dr. Ristow) has doen this for years because he can do it and mimimize his malpractice insurance coverage. It is no red or white flag there. But as Dr. Placik said, it might indicate problems with the doctor so you should check into his or her lawsuit history.
+1
Arbitration vs. lawsuit
There are pros and cons for parties to enter or not enter into arbitration agreements. Generally speaking, arbitration is less costly than lawsuits to settle disagreements. Some doctors use it and some do not. I don't think it is a red flag at all, just a matter of practicality that can benefit both parties in the unfortunate event of a conflict.
+1
Surgical waivers
I am in Texas, and I haven't spoken with others about this. Personally, I only use standard consent forms. I think that this only forces you to use arbitration rather than a jury trial if you file for malpractice. I would advise you that if this is a problem for you, seek another plastic surgeon, or consult with an attorney to see what you are giving up.
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