Physician agreement not to sue or binding arbitration agreement?

Yes, doctors can ask prospective patients to sign waivers of rights they'd otherwise have. And you can negotiate that part or any other part of the agreement, or to choose another doctor.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I am not licensed in IL and can offer you only general advice. This seems to be a new trend around the nation, well at least it is a relatively new trend. Since you are free to contract or not contract and seek another physician, an arbitration agreement will likely be upheld. Look carefully at the terms of the agreement. There are certainly some agreements that contain unfair terms such as restricting recoverable damages and imposing an all doctor panel that might be stricken, but agreeing to have your claim, should one arise, by an impartial panel where you have input to the choice of arbitrators may be permissible.

The risks associated with the surgery probably are more relevant to the standard of care than to the arbitration agreement.

Betsey Herd
Tampa, Florida
Betsey Herd
Tampa, Florida

It would always depend on your deal if you want to have a waiver or not. Physicians studied for years to be ensure the safety of their patients and not just by letting them sign any disclaimer if the get wrong. If they offer such agreement then they are not competent doctors. Disclaimers are sometimes necessary especially when it comes to a rare surgical operation for the cure.