Arbitration agreements - can I refuse?

[Ayesha]

I have been to a couple of doctors who have had new patient paperwork that includes an agreement to resolve malpractice claims by arbitration rather than a lawsuit. Considering that I am severely disabled due to medical malpractice during my birth, and I only live decently today because of the resultant lawsuit, I am loathe to sign such agreements. In the one case, I refused to sign and the doctor saw me anyway. At the doctor I visited today, the administrator basically said that I had to sign in order for them to see me. Since it was just the podiatrist, I went ahead and signed, but I have questions about whether she was truthful with me.

Can a doctor decline to see a patient if they refuse to sign such an agreement? What rights do I have to protect my legal rights and still receive medical care?

Thanks for any info. Oh and BTW I'm in California in case that matters.

[Tangerine LaBamba]

1. You should ask a lawyer -

That's the best way to get a proper answer to your question........................

[MADem]

3. Lawyers cost money--I say call the AG and get the answer for free.

It is a "citizen" issue after all, and if anyone should know what the law is, they should.

[Tangerine LaBamba]

4. That's a great idea -

of course the attorney General's office is nothing but a big, general service law firm, open to answer gal questions of citizens.

You're funny.....................

[MADem]

6. They've answered those kinds of specific questions for me without any issue.

This is a question as to the LAW OF THE STATE. We're not talking about "contracts," or divorce, or a slip-n-fall suit, something on those lines.

Can a person be forced to sign an arbitration agreement in order to get medical care?

Can a doctor refuse treatment to a patient refusing to agree to arbitration?

Does state law speak to these issues in any way?

It's a fair set of questions.

[Tangerine LaBamba]

8. An AG office

is an office of enforcing laws, not interpreting them, and certainly not a law practice.

If you called asking what a particular statute said, yes, they'll tell you what it said.

But, they cannot give you advice about specific practices.

And now, I am done with this. No need to get into one of those legendary pissing matches I've witnessed, Far too stupid for me............

[MADem]

11. Yes. And if it's against the law to DEMAND that a patient sign an arbitration agreement,

I think they'd KNOW that. I'm not talking about "interpretation." What's wrong with calling and asking?

Sheesh. Not all AGs are adverse to responding to questions from the public with regard to state law....example:

http://www.attorneygeneral.gov/consumers.aspx?id=2415

And they even have specific places to contact for specific complaints: http://www.attorneygeneral.gov/Complaints.aspx


Why are you being so combative? I've never seen an AG, the chief law enforcer of a state, tell people to fuck off when they have a complaint or a concern about state law.

I think you're mistaken.

[MADem]

2. The Attorney General of your state should be able to tell you. Call them and ask.

If anyone should know the law, they should!

Let us know what they say--I am very curious about this as well

[Tangerine LaBamba]

5. I can help you there -

they'll tell the OP to consult an attorney..........................

[MADem]

7. Well, Martha Coakley's people must be very special, indeed.

They aren't shy about responding to questions about state law.

[Tangerine LaBamba]

9. HAHAHAHA!

You are not understanding simple words.

Another reason to avoid this from now on..................

[MADem]

10. I don't see what's so funny.

If the doctor is making a demand against the patient that is contrary to state law, that is something the AG might want to deal with.

[Why Syzygy]

12. Doctors can refuse to treat you for any reason at all. nt

[Sgent]

13. Not quite

assuming they accept Medicare they can't discriminate on ethnic grounds, can't refuse to see you because you need interpreters, etc. Also, if your there as part of an ER visit / admission then they must see you under EMTLA.

That being said, except for the EMTLA, I don't see that required arbitration would be a problem in most states.