Question:
Has anyone had to sign a form stating they would not sue for malpractice?

The surgeon who is suppose to do my surgery wants be to sign a form stating that if something goes wrong I cannot sue for malpractice. He said it is because many doctors have been sued for malpractice from complications from the surgery. He is suppose to do the vbg. I have heard of signing a form stating you have been informed of all the risks but never that you cannot sue for malpractice. Any feedback would be appreciated. Thank You.    — [Anonymous] (posted on January 15, 2000)

January 14, 2000
It's quite common in the healthcare industry these days to agree to binding arbitration in lieu of a traditional lawsuit. It doesn't mean you can't sue for malpractice. It means you agree not to sue in court. Please read these forms carefully and seek the advice of an attorney if you're not sure you agree with what they want you to sign. Good Luck!
   — Morgan B.

January 14, 2000
My husband practiced law for 25 years and laughed when I read your post. He said you can definitely sign it if you want because it would not hold up if he committs malpractice and you could sue him. Personally, I'd be pretty skeptical about a doctor who wanted me to sign such an agreement even if it isn't worth the paper it's written on.
   — Carol M.

January 15, 2000
Malpractice is a dereliction from professional duty or a failure to exercise an accepted degree of professional skill or standard protocol, rendering professional services which results in injury or damage in a negligent manor. Sign the forms in good faith and if the surgeon and/or staff at hospital deviate care in a negligent manor you do have recourse be assured..
   — Victoria B.

January 15, 2000
I agree with Carol that it sounds pretty strange that he would want you to sign these papers. I would be pretty skeptical about this. You have to ask yourself these questions. Do you trust this dr? How many surgeries has he performed? Have you spoken to anyone who has had the surgery by him? if you have and feel comfortable than go for it. If not maybe looke elsewhere. It sounds as if you are very uncomfortable with this. On the other hand this could just be standard for him. I honestly don't remember having to sign something like this for my dr. Go with your gut instinct. Hope this helps.
   — Jodie R.

January 16, 2000
I would not sign any papers stating I would not sue. It is not standard operating procedure to do this. I would find another physician. Something doesn't smell right. I am a physician (anesthesiologist) and consider this request bizarre.
   — Heddy-Dale M.

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