Binding Arbitration

We all heard about the woman that sued McDonalds over hot coffee spilled in her lap? Indeed, she was the butt of many jokes and a smear campaign waged by the respective corporations. “Tort reform” became the order of the day (Republican agenda), and propaganda flooded the airwaves … and was championed by both Reagan and Bush (and they got their facts wrong). The US Chamber of Commerce (a private group made up of the big corporations) promoted the “tort reform” agenda to essentially limit citizens from the court; even with legitimate damage claims … all to financially benefit the corporations.

What most folks didn’t know is that the “hot coffee woman” was sitting in a parked car. The temperature of the coffee was 190 F (the temperature in the radiator of your car. (There were already 700 “coffee burns” in McDonalds own files.) Independent testing showed that the lids easily “popped off” with normal use.

Mrs. Liebeck suffered severe 3rd degree burns. She was hospitalized for eight days and underwent multiple surgeries for skin grafting, (the photos are horrendous) followed by two years of medical treatment. She later died as a result of the trauma. Her settlement was greatly reduced by the appellate court and did not pay for all her medical expenses.

The common “binding arbitration” agreements we now all sign limit our legitimate access to the courts. (A result of successful “Carl Rove tort reform.”) Interesting that in all these agreements, it is not stated exactly WHO the arbitration person would be. Well guess what … the corporation is the one that selects the arbitrator. When arbitration does not go in their favor (as in favoring the victim), that arbitrator is never used again. So, guess who always wins in these cases?

Why do I mention this? Well, in most Medical Spas, and those that use laser, you will be asked to sign a “binding arbitration” agreement. With this, your damages will be limited to actual cost damages (or not) and not long-term care or loss associated with anything else.

I don’t know of a single electrologist that has a patient sign such an agreement. Please do more research on this subject and “think twice” about signing all your rights away. The corporations are literally getting away with murder. (A favorite beautiful young patient of mine was severely disfigured by a local plastic surgeon. She signed a binding arbitration agreement and got $5,000 … half of which went to her lawyer!)

The following can be read with the understanding that nothing here was conclusive. But, there is still something to be considered when you submit your precious body to ANY medical treatment. Don’t sign your RIGHTS away!

http://www.healio.com/dermatology/cutaneous-oncology/news/online/{e1bfc68e-41be-488b-8777-e550e0f69def}/malignant-melanoma-developed-on-nevus-within-tattoo-during-laser-removal