You have seen it before: your doctor will not treat you unless you agree to sign a document that says if your doctor commits malpractice on you, you cannot sue her, but must use an arbiter picked by your doctor. There is nothing fair about it, but do you sign it? An article in the Tampa Tribune called this new tactic by the doctors in their continued fight for tort reform exactly what it is: blackmail.
An arbitration requirement requires you to give up your constitutional right to file a lawsuit and instead only allows you to pursue a claim with an arbiter, who is not a judge and is hired and/or chosen by the doctor who injured you. The article cited research that shows that these arbitration proceedings are not fair to the victim and, in fact, are skewed highly in favor of the doctor. “The outcomes are pre-cooked when you agree to a particular set of rules or arbiters.” The article concludes that big business and the medical profession are essentially growing a new system of justice and that the public deserves to know that arbitration is unfair and improper when used in this fashion.
Why are big business and the medical profession requiring mandatory arbitration? Simply, it is because of their continued tort reform efforts to take away your rights and to avoid responsibility for their actions. These entities and individuals will stop at nothing to maximize their profits and care nothing about stripping you of your rights. We at Goldberg, Finnegan & Mester, LLC fight for you and for the rights of those injured by someone else’s negligence. We stand up for you and your family against those who stand in the way of justice and we never back down. Whether it is the newborn baby who would be normal except for the negligence of the hospital and doctors, and now has brain damage and cerebral palsy requiring a lifetime of care, or your loved one who was misdiagnosed because the radiologist did not read the film correctly and now it is too late to save him, we fight tirelessly for you.
The text of the article can be found at http://www2.tbo.com/content/2008/jun/01/bz-new-hello-in-health-care-sign-here-not-to-sue/
Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125
If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.
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