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Thread: Can you sign away your right to sue a doctor?

  1. #1

    Can you sign away your right to sue a doctor?

    Is it possible to sign away your right to sue a doctor? One more than one occasion, I KNOW that I have gotten an opinion from a clinician of one sort or another simply because there was liability associated with giving me the real answer. This is especially true, with regards to supplementation, such as using cranberry pills to avoid UTI, or using Garlic against some very specific infections.

    To whom and how do I go about getting a consultation with answers which are entirely based on science, or even time-tested well-known remedies for problems? There comes a time when I need the WHOLE story about a problem, not just what Big Pharma allows my doctor to say. I am perfectly willing to give up my right to sue the provider if said remedy doesn't work...and trust me, I'll research it myself. But I'm NOT a biologist, NOR am I a doctor! I want to consult with an expert of scientific mind, but with cross-disciplinary expertise, who will give me a versed answer. I shouldn't have to pay someone over the internet in China to get that kind of information!

  2. #2
    Many physicians (and hospitals) now days ask you to sign an agreement to use mediation for any disputes, and if you sign this, you cannot file a suit (successfully) outside of that mediation process. Read what you sign, esp. on admission agreements or procedure consents. Only a fool signs something he/she has not actually read.

    (KLD)

  3. #3
    Yeah, well, what happens if you don't sign the agreement?
    I have had periodic paralysis all my life. I lost my ability to walk in 2011 beginning with a spinal block, which was used for a hip fracture caused by periodic paralysis.

  4. #4
    Quote Originally Posted by nonoise View Post
    Yeah, well, what happens if you don't sign the agreement?
    For physician's, they often make this a condition of taking you on as a patient, or performing the procedure in question (on the advice of their attorney or malpractice insurance company).

    Hospitals may also refuse to provide other than emergency care for you.

    (KLD)

  5. #5
    Quote Originally Posted by SCI-Nurse View Post
    For physician's, they often make this a condition of taking you on as a patient, or performing the procedure in question (on the advice of their attorney or malpractice insurance company).

    Hospitals may also refuse to provide other than emergency care for you.

    (KLD)
    Exactly, signing should calm them down, even so, the only semi effective trick I've found to get doctors to open up is to ask the question "what would you do if it was you?".
    I have had periodic paralysis all my life. I lost my ability to walk in 2011 beginning with a spinal block, which was used for a hip fracture caused by periodic paralysis.

  6. #6
    Senior Member jschism's Avatar
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    thought they passed a law regarding this in regards to not being able to sue due to the number of suits in the past? I thought you pretty much couldn't sue anymore.

  7. #7
    this is not to say that I don't want to be able to sue a practitioner when there's malpractice involved. We need checks and balances somewhere. Leaving tools in somebody is malpractice! but seriously, I should have the means of obtaining an scientifically based, well founded opinion from a doctor even if that opinion has not yet been proven in phase N+1 clinical trials. There has to be a halfway point, which ends in everybody's favor, without some schmuck attorney making a gazillion and doctor's operating on patients drunk

  8. #8
    Senior Member Tim C.'s Avatar
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    My one time roommate from my rehab was there for the sole reason of elective back surgery gone wrong. He was an accountant suffering from chronic back pain that became a patient suffering from c/4 SCI. I was told that since he was more senior, the injury affected him more like a c/3. Situation exacerbated by the apparent fact that, pre-surgery he supposedly signed an indemnification for the surgeon. I recall how little he could manage in rehab class, but would perk up once his wife and daughter arrived for their regular weekend visits. With weak insurance for matters of this kind his medical advocate carefully instructed his young wife to hasten necessary arrangements to complete the home living modifications in effort to get him home. After 12 months everyone was shocked to learn that his wife had long previously lost interest in having the responsibility of caring for him, causing him to go to a nursing home. I later learned that he ended up passing from pneumonia within 40 or so days of entering. Sad.

  9. #9
    Lawsuits are very hard to get going these days. I have contacted many lawyers and every one said that it would cost more than what it is worth to pursue. I think you have to have a clear cut case these days.

  10. #10
    The courts have ruled in some cases that signing away your rights is not acceptable if done under threat or duress. That would be a hard case to make in these situations.
    You will find a guide to preserving shoulder function @
    http://www.rstce.pitt.edu/RSTCE_Reso...imb_Injury.pdf

    See my personal webpage @
    http://cccforum55.freehostia.com/

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