Can A St. Pete Doctor Force Me To Sign An Arbitration Agreement?
Michael Babboni
Insurance Coverage
It has become common practice for doctors to ask patients to sign arbitration agreements before proceeding with a consultation or treatment. Without signing the agreement, patients are unable to see their doctor. Do Floridians, however, have to sign off their right to trial at the doctor’s office?Arbitration Agreements And The Medical Field
Arbitration agreements have become popular as of late as an affordable alternative for businesses to resolve conflicts. In an arbitration agreement or clause, the parties waive their rights to file a lawsuit against the other. Instead, they are required to go through arbitration, which will be presided by a third party—an arbitrator.
During the arbitration process, both parties are to present their case and evidence. The arbitrator will, then, examine these and make a decision on how much the complainant is entitled, if any.
The dangers of arbitration agreements is that not only do they remove an individual’s right to fair trial but they also, in most cases, limit the damages one can recover in case of proven medical negligence. They may also be used to intimidate an individual from filing any complaint due to rules that require the plaintiff to pay the defendants’ lawyers should their complaint not be found valid. These are situations that a consumer can avoid if they refrain from signing arbitration agreements.
When distressed and in need of medical attention, consumers may not bother to check these details, leaving them vulnerable to negligence. Without a competent St. Pete lawyer, arbitration agreements can become tricky for a regular individual.
Is It Legal For Florida Doctors To Ask Patients To Sign Arbitration Agreements?
It is not illegal for doctors or medical providers to require patients to sign arbitration agreements. However, it is illegal to force someone to sign one. This is why patients are often given an option of “take it or leave it”—a perfectly reasonable thing to do if you do not wish to bind yourself to an arbitration agreement.
Apart from that, the contents of the arbitration agreement must follow public policy. As we mentioned, some agreements tend to be unfair to the consumer. Agreements that go against public policy are considered void, thus, freeing the consumer to file a lawsuit. An arbitration agreement or clause may be rendered void if it:
• Alters the costs to be paid by the defendant
• Limits the amount that can be recovered by the plaintiff
• Is not aligned with public policy, particularly Florida’s Medical Malpractice Act
As you can see, there are laws that protect Floridians from medical negligence. Furthermore, no one can be forced into any agreement. If you did sign an arbitration agreement that is preventing you from taking proper action, it is best to contact an experienced St. Pete Lawyer to see the enforceability of the agreement and how to best navigate the case.
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