Contract With Doctor

[dcnga]

What is the name of your state (only U.S. law)? GA

See these links, please:

[url]http://www.ama-assn.org/amednews/2008/06/09/bica0609.htm]AMNews:[/url] June 9, 2008. 'Vaccine against libel' could have some side effects ... American Medical News

[url]http://www.ama-assn.org/amednews/2008/09/08/edlt0908.htm]AMNews:[/url] Letters to the Editor - Sept. 8, 2008 ... American Medical News

[url]http://www.medicaljustice.com/medical-malpractice-insurance.asp]Medical[/url] Justice - Medical Malpractice Insurance

Does anyone think such a contract that a doctor would require a patient sign BEFORE being treated would hold up in court in ANY state at all?

This just seem highly unethical in some way to me or at best under-handed. For those people who frequent message boards related to surgical (plastic surgery in particular) and do no know these types of 'contracts' exist and unhappy patients are contractually forbidden to post their dissatisfaction, then that doctor will ALWAYS appear to have ONLY happy patients. Again, with this contract, by default, the doctors who make their patients sign these contracts will ALWAYS appear to have "happy patients" because the unhappy ones cannot post (by contract). Thus, EVERYONE will always assume these are FANTASTIC doctors as they only have happy/satisfied patients posting when that is rarely if ever possible in the medical field.

I'm not talking medical malpractice suits, per se, but the right to say one is not happy with the outcome with a doctor's procedure. I don't mean slanderous opinions, but simple facts. For example, if I signed such a contract (as spoken of in the links above), I could not even say or write these non-libelous remarks in any PUBLIC venue without prior approval from the doctor:

Dr. X operated on my nose. My nose does not look the way I expected. Here is a picture of my nose before the operation (looks fine, but with a bump on it). Here is a picture of my nose after my rhinoplasty with Dr. X (now I have a nose like Michael Jackson).

Is this possible?

Thanks.

DCNGA

[lya]

It seems to me that by voluntarily signing the contract, you agreed to waive your first amendment rights to free speech.

If the physician or his/her practice accepts Medicare or any other federal payment for any service, then the physician/practice is considered a Federal entity, and, as such, cannot limit your right to free speech.

Regardless of Federal entity or not, you may still report the surgeon to the licensing board, the specialty association, and you may file a medmal lawsuit.

I suggest that instead of posting anything on the web that you consult with a medmal attorney. There should be only one "Michael Jackson" nose. Well, there shouldn't even be that one; but, you know what I mean!

****You may want to post this in the Constitutional Law section.****