Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

Doctors Push "Gag Contracts" on Patients

The Medical Justice Corporation, a Greensboro, N.C. entity headed by Dr. Jeffrey Segal, has been advising its members to use a standard one-page “contract” with all patients before they treat them. The document specifies “you agree to refrain from directly or indirectly publishing or airing commentary” about your doctor or your medical records. 

This practice, begun in 2007 and in use by over 1000 physicians nationwide, is in response to various doctor-rating websites that have become popular, such as RateMD.com. Medical Justice Corporation began as an organization devoted to preventing patients from successfully recovering for their malpractice injuries, and files lawsuits against expert witnesses who agree to testify against doctors.

This type of agreement clearly violates the public policy favoring open discussion of medical treatment. Of course, good physicians have nothing to fear from such discussion. The “contracts” attempt to force patients to choose between health care and their First Amendment rights, and many are simply choosing another doctor instead of signing them.

Patients in Virginia have the right to discuss their medical treatment with whomever they wish, and giving up that right to see a doctor who requires one of these agreements is not a fair trade.

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