Monday, May 08, 2006

LASIK = Waiving My Right to Trial?

In preparation for my LASIK surgery (while simultaneously procrastinating in re: the Copyright memo), I sat down with the 8-page "Informed Consent" form. I was told to read it carefully before coming in for the procedure tomorrow. Since I have already endured 2 appointments to prepare me for this disturbing, yet desirable event, I thought that this document would just reiterate all the things I've been told by my doctors & technicians. But, no. Pages 5 & 6 of the form contain an Arbitration Agreement (read like a Pirate, "arrrrgh-bit-tration"), which states:
Arbitration is the resolution of a dispute by an impartial third person whose decision is binding on the parties. (duh) We have found that resolving disputes by arbitration is a quick & efficient alternative to the court system. (I'm still with ya) As a result, we request that all patients receiving services at TLC sign this agreement. (you are requesting? really? or is it more like forcing?) By signing this Arbitration Agreement & consenting to treatment, you agree that:
1. Any dispute you have arising out of the diagnosis, treatment & services you received by TLC or your surgeon or personal eye care doctor, including treatment & services you received before the date of this Arbitration Agreement, or the applicability & scope of this Arbitration Agreement will be resolved exclusively & finally by binding arbitration except for (a) judicial review of the arbitration proceedings or (b) claims within the jurisdictional limit of small claims court. (Judge Judy, here I come)
Etc. etc. etc.
The undersigned agrees that he/she waives his/her right to trial in court for any future malpractice claim he/she may have against TLC, your surgeon &/or personal eye care provider.
Um, whoa pardner. TLC, I thought that we had a trusting relationship. I mean, I pay you $4,600 & you hook me up with good vision for life. Oh, & some valium & Tylenol PM. But, no. You want to take away my Constitutionally-protected right to sue your ass & replace it with some bullshit Arrrrrgh-bit-tration Clause. I'm gonna have to sleep on this one.



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