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Comment by aasarava | Hacker News Reader

I have yet to come across a healthcare provider -- physician, dentist, optemetrist -- who does NOT have a binding arbitration clause in their agreement. How do you avoid signing one when it has become the de facto standard?

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Let's say you sign up for one of these arbitration clauses, and then the doctor chops off the wrong leg because they were smoking crack.

In England there are a bunch of different regulators (Care Quality Commission; British Medical Association; the trust that runs the hospital) and also law for compensation.

Are people saying that you'd have no option but to go through this arbitration system? And that it would all be secret?

(I'm not suggesting the English system is good here - it's often described as terrible if you have a complaint.)

Hypothetically you could cross out the arbitration clause and say you don't want it. That often works for landlords and the crazy provisions they put in their leases. But doctors tend to be more sensitive to fear of litigation since they are often targets, so they might tell you to screw off.

What are you worried about though? Malpractice claims aren't forced into arbitration. The clause in healthcare is really just going to cause disputes about billing to go into arbitration.

> What are you worried about though? Malpractice claims aren't forced into arbitration. The clause in healthcare is really just going to cause disputes about billing to go into arbitration.

Being denied due process? A contract is a contract, you don't just assume a clause won't be used.

Correct. If you waive "due process" via binding arbitration you also lose the ability to sue for malpractice. Do not be stupid do not sign contracts that require binding arbitration particularly if they also require non-disclosure of why you invoked arbitration as your only option BECAUSE you agreed to it in the contract you signed.

I actually did ask about this at one doctor's office, and they let me know I was welcome to decline the arbitration clause (the document even noted that option), but that the doctor would refuse to see me. This has appeared to be the case with every doctor I have found over the last few years.

This is common. With Elder Care, if you did not agree to a Binding Arbitration agreement that usually also included a non-disclosure agreement that you would never disclose why you were seeking restitution via the only vehicle you contractually agreed too... arbitration you would not be accepted for any care options.

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