| Limiting exposure to medical malpractice claims and defamatory cyber postings via patient contracts. | |
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MedLine Citation:
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PMID: 19057975 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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The documents patients sign on admission to a medical practice can constitute a legal contract. Medical practices around the country are attempting to use these documents as a prospective defense against medical malpractice claims. Protective contractual provisions are often attacked on grounds that they are legally void as a result of unconscionability. Widespread use of arbitration clauses have been met with mixed success. Arbitration clauses that limit damages available in medical negligence cases have been stricken in some states as having provisions that impose excessive entry costs on a patient starting the arbitration process. Other provisions relating to prequalification requirements for expert witnesses are now being used with increasing frequency. Clauses have even been placed in patient contracts that address cyber postings of adverse claims against physicians. Prospective patient contracts may be an effective means to limit exposure to medical malpractice lawsuits and to minimize defamatory cyber postings. |
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Authors:
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Michael Sacopulos; Jeffrey J Segal |
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Publication Detail:
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Type: Journal Article Date: 2008-12-05 |
Journal Detail:
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Title: Clinical orthopaedics and related research Volume: 467 ISSN: 1528-1132 ISO Abbreviation: Clin. Orthop. Relat. Res. Publication Date: 2009 Feb |
Date Detail:
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Created Date: 2009-01-19 Completed Date: 2009-02-10 Revised Date: 2010-09-22 |
Medline Journal Info:
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Nlm Unique ID: 0075674 Medline TA: Clin Orthop Relat Res Country: United States |
Other Details:
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Languages: eng Pagination: 427-33 Citation Subset: AIM; IM |
Affiliation:
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Sacopulos Johnson & Sacopulos, 676 Ohio Street, Terre Haute, IN 47807, USA. mike_sacopulos@sacopulos.com |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Contracts
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legislation & jurisprudence*,
standards Expert Testimony / legislation & jurisprudence Humans Internet / legislation & jurisprudence* Malpractice / legislation & jurisprudence, statistics & numerical data* Physician-Patient Relations* United States |
| Comments/Corrections | |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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