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Posted 1/1/2015 11:25 PM (GMT 0)
Hey guys, got an interesting item in the mail a couple days ago. I'm seeing a Dr. at BJC in St. Louis tomorrow for evaluation/second opinion. The item came from the Washinton University school of medicine, and is asking me to sign a form (not required...at least they say that) agreeing to binding arbitration in the event of a problem, and agreeing...before I even see anyone there...to not sue them. Anybody run into this in your medical adventures? I'm inclined to not do anything with it, at least not until after I decide what my treatment choice is.
Posted 1/2/2015 12:14 AM (GMT 0)
Never heard of such a thing in medicine. I could understand it though. There is a lot that is not under a doctors control, that could affect the outcome.
Here's a scenario...
Patient comes to doctor with G9, MRI shows no evidence of escape from the capsule. But we all know even 3T MRI is not 100% accurate. But surgery takes place, and a year later, PSA goes up. SRT recommended. Patient goes thru MRI, and 2 years later, PSA rises and has bone mets.

Patient now says, I should have never had surgery, it was out of the capsule, and the radiation failed because it was too late. Sues everyone in sight. Even though the Drs did everything according to protocol.

I bet that happens more often than we think. So I could understand it.
Posted 1/2/2015 12:35 AM (GMT 0)
As disclosed earlier I had my surgery at the same place and signed the document you are referring to. As I remember it is not binding, but in the unlikely event that some totally negligent action occurred and resulted in you being harmed or dead it provided an alternate way for your family to get restitution in an expedient time frame. Missouri does have a tort cap and it seemed a reasonable option.

I also included on my part that my guy would be doing all the critical parts of my surgery. I was fine with the chief fellow going in, doing the harvesting nodes (which I also requested) and brining stuff out and closing. But taking down the prostate and the anastomosis was strictly the responsibility the surgeon.

Good Luck!

Hero
Posted 1/2/2015 1:01 AM (GMT 0)
I had to sign a similar form at my RO's office, as they seemed to detest my insurance company's payment policies.
Posted 1/2/2015 1:03 AM (GMT 0)
No agreement, no posting, no notice, nothing will protect someone from being sued for negligence. That's always a possible suit. But, you have to prove negligence. They like to post such notices, have people sign such documents, since it keeps a certain percentage or people from pursuing legal action even in the event of negligence.

For the most part, it seems the only reason I'd sue is negligence. So, I'm not too concerned about signing documents like that.
Posted 1/2/2015 1:13 AM (GMT 0)
I wouldn't sign it. Find another doctor.
Posted 1/2/2015 7:31 PM (GMT 0)
I signed a paper saying I was aware of many possible side effects and that a trainee doctor might actually do the procedure. I think it was a pre-requisite before treatment.
Posted 1/2/2015 7:40 PM (GMT 0)
I just underwent surgery and signed nothing, not even a consent to do the surgery!

Cheers, Doug
Posted 1/2/2015 10:13 PM (GMT 0)
I've found it to be a standard procedure, and always sign them. I agree with Redwing that it doesn't really tie your hands.

- Allen
Posted 1/2/2015 10:17 PM (GMT 0)
Its really a ridiculous thing. You are about to undergo life changing major surgery. And they hand you a three page document to sign. Who reads it? NUTS!
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