Next time you’re at a doctors office you might be asked to sign a form. No not the usual financial responsibility forms, but a form that may very well violate your right to free speech.

A couple of years ago an organization called “Medical Justice” came up with an idea and a form that doctors could get patients to sign that forbids them from ratiing their doctor’s performance online. Refusing to sign may have your doctor telling you to get help elsewhere.

The form is a waiver that in essence tells the patient to obtain permission from a doctor before posting to online doctor ratings sites. According to the Medical Justice website their mission couldn’t be any more patient negative.

“Run by physicians for physicians, Medical Justice is a membership-based organization that offers proven services and proprietary methods to protect physicians’ most valuable assets – their practice and reputation.

Our proactive services are designed to: (1) Deter frivolous malpractice claims; (2) Address unwarranted demands for refunds; (3) Prevent Internet defamation, and (4) Provide proven, successful counterclaim strategies to hold proponents of frivolous suits accountable.”

Note that third point. Yes the waiver even hints that your doctor may sue you if he doesn’t agree with your opinion of his services.

The way they engineer this is mind-boggling. First by signing the waiver you supposedly give up your right to your own post and grant full rights to such post to the doctor. in this way the doctor can produce the waiver and ask a rating site to take down the post.

I’ve spoken with two attorneys one an internet libel specialist and another a patient rights activist and both told me that Medical Justices is making promises they can’t keep.

Both agreed that the waiver is essentially worthless for a couple of reason. First it’s signed under duress, as doctors are requiring it as a prerequisite to treatment. Secondly many insurance agreements for doctors within their network prohibit them from refusing to see patients except for very specific reasons - such as refusal to follow treatment, etc. Forcing patients to sign such documents may violate their contracts with the insurance company.

Nevertheless it appears the only ones being taken on this are the doctors themselves who pay anywhere from $600 to $6000 for the service Medical Justice gives them. However, many legal experts agree that legally the document would be laughed out of court. Another point is that even if a family member signs there is nothing that prohibits a spouse or family member from writing a rating.

This isn’t to say that doctors ought to be slandered by anonymous posters, but even in those cases it’s near impossible to bring such an incident to court much less prove slander.

My advice is never sign any document that waviers your right to freedom of speech.