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Patient Sues Doctor Over Medical Arbitration

Patient Sues Doctor Over Medical Arbitration

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SALT LAKE CITY (AP) -- A patient is suing her Utah doctor -- not for malpractice, but for demanding she sign a form promising not to sue him for malpractice.

Mary McCluskey says surgeon Randall Jones refused to treat her hernia unless she signed away her rights to sue and agreed to binding arbitration for anything that went wrong.

McCluskey found another doctor -- and a lawyer.

Attorney James McConkie 3rd says he's been taking a lot of complaints since the Legislature made mandatory arbitration illegal earlier this year.

One complaint came from a woman in the midst of a miscarriage, and another involved a cancer patient.

McConkie says Utah doctors are putting patients under a lot of pressure to agree to arbitration.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

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