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. 

Dear jelllyb,every plastic surgeon has his own preoperative protocol which he recommends to his patients and uses. I would suggest you to discuss this with your plastic surgeon or ask for a second opinion.Daniel Barrett, MD
Certified, American Board of Plastic Surgery
Member, American Society of Plastic Surgery
Member, American Society of Aesthetic Plastic Surgery

in some surgeon's office whose malpractice carriers encourage it as a first step should things not work out as desired and solutions cannot be reached amicably.  Some surgeons (like myself) choose not to employ the arbitration agreement for their own reasons.  I'm confident that I can rectify any issues myself to avoid any malpractice lawsuits and have had a pretty clean career so far.  But carriers offer it to their clients and using it does not imply your surgeon does not trust you... but having it can prevent headaches down the road if solutions cannot be reached.

Absolutely not. This means that the doc is not insured with malpractice, or has catastrophic only insurance. I would not do it.

Personally, I have never thought about adding this to new patient paperwork.  Actually, I have never heard of this.  Why don’t you seek additional consultations before making a decision.  

Dear Jellyb, There was a time that some malpractice carriers requested arbitration agreements be signed before surgery however this is a thing of the past. It certainly does not provide the patient with a feeling of comfort and confidence and I do not request arbitration forms signed by my patients. It seems from your other posts that you are not feeling comfortable with your possible choice of surgeon and his/her staff. I would suggest secondary consultations as it is important to have a trust in your surgeon and their staff. Best regards, Michael V. Elam, M.D.

Personally I would find that worrisome. Get more than one consultation to find the surgeon you are most comfortable with and go with that doctor.