can a doctors office deny you treatment if you refuse to sign the malpractice arbitration waiver ?

Question

my wife is pregnant and when she went to the doctor she was told she can not refuse to sign this paper.or they would not see her.

Answer 1

As with most all legal questions, the correct answer depends in part on the jurisdication (state) where you reside. The following web site is out of date, but it may give you a starting point to research your particular state's law on mandatory arbitration clauses: http://adrlawinfo.com/medmal.html.

In California, with respect to private doctors, the answer to your question is yes. Nonetheless, not all doctors will force you to sign an arbitration clause. If faced with that situation, ask to speak to the physician. Some physicians will not refuse to treat you (even where he or she has instructed their staff to require execution of such a clause). Talk to your doctor, not her or his staff, and explain your thoughts on agreeing to a mandatory arbitration clause when you don't know the nature of the dispute yet, explain that you could not afford arbitration fees (arbitrations can cost upwards of $500 per hour).

If your doctor (not staff) refuses to treat you, ask that he or she refer you to a physician who does not require executing a mandatory arbitration clause. Even with today's litigous climate (where I can understand the desire for such clauses), many physicians do not require them.

Personally, I have never signed such an agreement. And I have never had a doctor reject me for that reason. Even when my daughter underwent surgery to reshape her skull due to a birth deffect (and the treating physician's staff explained that he had a firm policy of requiring the signing of such clauses), after speaking with him and refusing to sign the clause, he went ahead and did the surgery.

Good luck and congratulations on your soon-to-be status as a father. You are truly blessed.

MBH

Answer 2

For one to be resting in a hospital mattress their faith in technological know-how could might desire to be equivalent to or better than that for the duration of their faith in the supernatural. Why could each and every individual believe a doctor considering the fact that they simply fairly hear to scientists? Given, you have a lot of Christian docs, yet atheist docs prepare precisely the comparable drugs. And it fairly is all in step with precisely the comparable technological know-how. And that technological know-how contains evolution a hundred% without issue. the thought suits completely and explains issues in a manner that provides to our awareness. there is not any longer a single piece of information that has been chanced on in the heritage of civilization that could't be defined making use of one straight forward concept. Evolution explains each and every little thing completely. With the Bible, there are continually questions that are merely sidestepped away with "God's love and forgiveness" do no longer question Him for he's often RIGHTEOUS. No rationalization required. merely close up and do what you're instructed. the reason you will possibly desire to positioned faith in technological know-how is via the fact it fairly is often examined and it fairly is generally open to straight forward and open thinking based on the data.

Answer 3

I think that if you refuse, they'll give you an Affirmative Action doctor. If, by some accident, you die while in his care, and your surviving relatives try to sue for malpractice, they'll all be charged with "racism" and put into jail for unspecified hate crimes.

Answer 4

YES. They can indeed do that. This was a doctors' office, not a regional public health center. Private practitioners can do as they please. Most will turn you away if you don't either present a credit card or an insurance card. That's also legal.

Answer 5

i am 57 and i have never had to sign such a waiver