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Doctors Want To Protect Their Reputations

By Eddie Farah

We’ve already warned consumers against signing binding arbitration documents when you go to the doctor’s office and are presented with a pile of paperwork to sign. Binding arbitration means you will never be able to sue a doctor if there is an unfortunate case of medical malpractice.

Now within that same pile of paperwork is another red flag for consumers to watch for. A group out of North Carolina called Medical Watch says its signed up about 2,000 doctors nationwide who present their form to their patients. Once signed, it prohibits you from speaking publicly online about your doctor.

Medical Justice founder and neurosurgeon, Dr. Jeffrey Segal, founded the company a few years ago to prevent so-called “frivolous lawsuits,” a favorite phrase to conger up hate for lawyers while implying a blanket of immunity for companies that do wrong.

The company’s “Mutual Agreement to Maintain Privacy” form promises the patient “will not denigrate, defame, disparage or cast aspersions upon,” the doctor. And you friends and family cannot either.

The prohibition applies to a service like Angie’s List, which launched a health-care rating service in March.

Founder, Angie Hicks told Florida Health News in an e-mail, “As a consumer advocate, I would oppose this practice as nothing short of an attempt to steal the consumers’ right to free speech.”

Whether you put your name on a post or not, make a positive comment or a negative one, the Medical Justice form applies.

“We’re not opposed to free speech,” Segal said to the publication. “The problem is the whole notion of being able to post anything you want. The physician can’t defend himself.”

However, one would presume if a post is public, a doctor would be able to also publish a post in response. Sounds dangerously like the suppression of free speech to me and a very bad public relations move if doctors want the public to have faith in them again.

Bottom line - when you sign up with a new doctor, read very carefully ALL of the paperwork you are asked to sign – if you see a binding arbitration form which keeps you from exercising your right to the courts, or a consent form not to speak, which violates your free speech rights – run the other way. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on February 20, 2009 (boomark / email).