Is having a patient sign an arbitration clause prior to surgery standard?

Many surgeons use an arbitration clause.  This does not mean you give up any rights but rather than going to court your case would go to an arbitration panel.  It’s actually better for you because you wouldn’t have to go to court and face a jury if there is a dispute.  Doctors used to think the arbitration agreement favored the surgeon.  It actually favors the patient, so now fewer doctors use the arbitration agreement.  If it makes you uncomfortable then go elsewhere, but I would not read too much into it.  It is not an indication that the surgeon has been sued a lot.

Although it is not the norm, I knew of one malpractice insurance carrier which required their doctors to use arbitration forms at the time of the first visit regardless of malpractice suit history. It doesn’t necessarily mean anything. But if it bothers you, then seek care from another doctor.

It does not send a message of confidence. If you are not comfortable with the surgeon, listen to your feelings an find a different surgeon.