FLORIDA PLAINTIFF

Let me start by saying that my father is a physician as are three first cousins.  I was practically raised in a hospital and spent the better part of my tender years waiting in nurses stations as my dad put eyeballs together after traumatic events like “eye v. BB gun” or “eye v. bottle rocket”.  So, I am not one of those myopic (pardon the reference) “trial lawyers” spouting off about how horrible doctors are in our society.  In fact, it is my feeling that the overwhelming majority of doctors are good, decent and caring professionals.  Most are professionals who are in the business of healing because it brings them a sense of joy to assist in easing the suffering in the world. Like every profession, however, there are a select minority of doctors that are not in this business primarily to help others.  Further, their practices have become more and more of a factory due to the horrible way that insurance companies decide to reimburse them.  Some begin to see their patient list as a widget list each representing a dollar figure for reimbursement purposes.

Your basic and fundamental right to bring to justice any person that wrongs you or a member of your family is one of the most vital things provided by any civilized society.  Since the first days of our republic, our constitution has provided a way for US citizens to resolve their civil disputes.  The manner provided was such resolution was provided for in the 7th Amendment.  That amendment reads in relevant part as follows: ” … the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law.”  Meaning that all disputes shall be tried by a jury and the only review of that jury’s decision is under the strict constraints of the legal system.  In other words, high priority was and is given to the decision maker being a jury made up of regular citizens.  The decisions made by these regular citizens is given a large amount of deference.  This was an important characteristic for the founding fathers since they were fleeing a nation which had been subject to a ruling family.  A ruling family or aristocracy in which the common man had little control over anything substantial in their government.  Our founding fathers wanted common citizens to dispense justice.  Such power given to the regular people would insure that proper checks were placed on those in positions of power and would also empower even the lowest of the lower class with the power of a king.  What a large responsibility jury service is in our country!  

Our jury system is not perfect but no system is.  Our justice system, however, is the best in the world when it comes to dispensing justice and providing a check and balance on the other two branches of government.  There are certainly anomaly cases which pundits use to illustrate how “broken” our justice system is but pundits will be pundits with any issue.  For those of you that still think our jury system is flawed, I challenge you to watch a movie titled “Hot Coffee” and then respond to this post.  I look forward to that debate.

This brings me to the topic at hand.  Last week a Florida Appellate Court, which oversees cases in the panhandle of Florida including Pensacola, held that a doctor’s office can include in it’s paperwork a form known as an “Arbitration Agreement”.  This agreement appears to be innocuous but it has horrible effects.  The Court held that it was ok for a doctor’s office to include this form in the many forms that you are required to fill out when registering or updating records at a doctor’s office.  The import of this “Arbitration Agreement” is that once signed you are waiving your right to a trial by jury.  Waiving your right to redress any wrong committed by the doctor who would normally have to answer for his/her negligence in a court of law.  More and more doctors will start including these forms and will expect you to sign them.  

I have just three words of advice DO NOT SIGN.  You are not required to sign this document and if a doctor decides that he/she is not going to treat you unless you waive your right to a trial then maybe you should take that as a sign to find another doctor.  They may say that this is their way of getting insurance coverage or that this will save in healthcare costs.  Car dealers got together and did this a long time ago and have completely stopped lawsuits against them.  Imagine if your car salesman had the ability to make decisions which resulted in the death or disability of your child or parent.  How would you feel about waiving your right to have a fair and impartial jury decide your case?  Doctors are paid as well as they are in our society since they are entrusted with humungous responsibility.  We entrust our lives and the lives of our children to their judgment.  They enjoy a lifestyle and income that is commiserate with such status and standing.  It is not a stretch to require them to perform their jobs in a reasonable fashion. Those small fraction of doctors that put themselves first and their patients second should not be able to practice medicine as freely as a used car salesman puffs about the condition of a car.  

DO NOT SIGN THESE FORMS.  If the assistant at the desk says you have to sign, politely inform him/her that you will not sign it and if the doctor wants you and your money to hit the road then you will be happy to do so.  If any doctor takes this position it is my guess that he/she has a record at the courthouse and is trying their best to control there insurance premiums just like a young driver with two wrecks and a ticket trying to keep their auto premiums down.  We would not lend our cars to that reckless kid and then pledge never to hold them accountable.  Do not lend your family members to the care of equally irresponsible and dangerous doctors.

So in sum, if your doctor is asking you to waive your constitutional rights, look elsewhere for healthcare.  Our jury system is in place to make the highest of the high accountable to even the lowest of the low.  Since most of us are in the middle, we have lots more to lose without our justice system. Please post a reply or email me if you feel the need.  If any doctor takes this position with you please let me know as I will make sure to publicize these facts and also provide you with any information at the courthouse on any of your doctors.

Back to work in the best justice system the world has to offer.