Would you waive your right to sue a doctor to obtain free medical care?

I know a lot of doctors who would be willing to donate services in such a manner, and I have long thought a return to charity hospitals with a “no lawsuit” provision is a great way to go. But what happens when a case of true malpractice, such as a volunteer physician showing up drunk and causing permanent injury occurs? I don’t think the contract the patient signed would hold up in court under those circumstances, so there really is no reliability to this agreement. If these charity clinics become overburdened (and you know they will,) doctors taking care of too many patients will make less blatant mistakes, and those are going to be challenged as well.

If there were a clause that assured the patients that if something really inexcusable happened, the incident would be brought before a medical board or something similar, and just recompense would be made … then absolutely.

I’ve always felt that the malpractice suits were way, way over the top, and that the med mal insurance was just one more thing dragging healthcare down the tubes, along with health insurance companies and the government … and everyone and his brother … trying to tell physicians how to practice medicine.

… I don’t think that things will get much better … (

I think that people are, or at least will consider waving their rights because of the economy. Sad to say this, but when people are struggling, there’s no telling what they would do….You Too!

I volunteer at a similar clinic in Oklahoma City. We have every patient sign a notice of volunteer immunity, and I believe that protects the doctors as well as the staff. Most patients don’t even question us when we hand them the sheet, as long as they receive care that is decent they are pleased. I believe the immunity law falls under the same heading of the good Samaritan laws. This surprises me that New York doesn’t have a similar bill in place.

I’m insured, so I don’t need free care. But I’ve thought from time to time about approaching the doctors I trust with a “no sue” agreement. My goal would be to free them from the practice of defensive medicine in ways that might not be in my best interest. Do I really need a CT scan? With a “no sue” agreement, the doctor would be less likely to order one I don’t need. There are lots more examples where the doctor is practicing for his own best interests rather than the patient’s. I don’t blame doctors, but I will be the last patient to sue, so I don’t see why I have to suffer the consequences created by the sue-happy crowd.

If I didn’t trust a doctor’s skills enough to sign a waver, then I wouldn’t let them touch me as a doctor. if I am crippled or severely injured, all the money in the world isn’t going to undo that. Only an idiot would be more willing to subject himself to injury than to financial loss.

I do think that these things are unreliable protection for the doctor. But then nothing is secure in this world and everything we do from the time we get up to the time we go to be exposes us to litigation and other risks. I think if a doc really wants to treat the poor for free, he will do it, if not, he will not.

My bigger concern with the deal would be simply that I like to pay my doctors cash myself–no third party payments, no charity. I think the money seals the covenant. Charitable giver-supplicant is a whole different relationship that I would rather avoid.

I am told that in my state most malpractice suits are by the uninsured and those on medicaid. Funny how going to the very same doctors, those who pay for the care are happier with their care. I doubt that it is just the doctor whose attitude is being changed. “Give 10 friends money and you will make 9 enemies and 1 ingrate” seems to apply to free medical care as well.

In that light, wouldn’t it be better to charge the poor a small fee–just to keep the roles straight.

Many if not most hospitals in New England, of any size, ran any number of free clinics.

In the day, physicians used to be required to cover them a certain number of days, as a condition of privileges. That’s long since passed. But I certainly remember the same clinics, covered by retired, volunteer docs.

They were thrilled to have a medical student to show around, and I took advantage of the educational opportunities. Learned a lot of medicine, and heard a lot of sea stories of times past. Battlefield medicine from WW-2. One doc was back behind Japanese lines with the Flying Tigers. All sorts of things to learn.

How sad that so much of that is gone because of legal fears. But he’s right, it just takes one avaricious nephew……..