Legal Question in Business Law in California
Can dentists refuse service if patient doesn't sign arbitration form?
When filling up forms to be seen by a dentist, a form to accept arbitration, with a cap of $5,000, has to be signed which also waived the rigth to sue the dentist for malpractice. When I refused to sign the arbitration form, I was denied service. Is this legal?
2 Answers from Attorneys
Re: Can dentists refuse service if patient doesn't sign arbitration form?
As far as I know, with the possible exception of emergencies, health care services are still a matter of private contract in the USA. The patient and the health care provider engage in contract negotiations before health care services are rendered. If no agreement is reached on the terms, there is no contract and no obligation to provide services.
Re: Can dentists refuse service if patient doesn't sign arbitration form?
Yes. Whether the agreement will be enforceable if you later try to sue is another question and will depend upon many factors, but the dentist has no obligation to see you and can turn you away for any non-discriminatory reason. Declining to sign his arbitration agreement is a non-discriminatory reason, so he has done nothing illegal.
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