Agreement as to Resolution Of Concerns
“Physician” shall be understood to mean Dr. Talon Maningas, DO
I understand that I am entering into a contractual relationship with the above-named Physician for professional care. I further understand that meritless and frivolous claims for medical malpractice have an adverse effect upon the cost and availability of medical care to patients and may result in irreparable harm to a medical provider, including the Physician. As additional consideration for professional care provided to me by the Physician, I, the patient/guardian of patient, agree not to initiate or advance, directly or indirectly, any meritless or frivolous claims of medical malpractice against the Physician or Cosmetic Surgery Associates, LLC d/b/a Maningas Cosmetic Surgery (the “Practice) on behalf of myself or my dependent.
Should I initiate or pursue a meritorious medical malpractice claim against the Physician or Practice, I agree to use as expert witnesses (with respect to issues concerning the standard of care), only physicians who are board certified in the same specialty as the Physician. Further, I agree that these physicians retained by me or on my behalf to be expert witnesses will be diplomat(s) in good standing of the American Board of Cosmetic Surgery (ABCS) and member(s) in good standing of the American Academy of Cosmetic Surgery (AACS). I agree the expert(s) will be obligated to adhere to the guidelines or code of conduct defined by the AACS and that the expert(s) will be obligated to fully consent to formal review of conduct by such society and its members.
I agree to require any attorney I hire and any physician hired by me or on my behalf as an expert witness to agree to these provisions. In further consideration, the Physician and Practice also agree to the same above-referenced stipulations regarding expert witnesses.
I agree that a conclusion by a specialty society affording due process to an expert will be treated as supporting or refuting evidence of a frivolous or meritless claim.
I agree that this Agreement is binding upon me and/or my dependent individually and their respective successors, assigns, representatives, personal representatives, spouses and other dependents.
I agree that these provisions apply to any claim for medical malpractice whether based on a theory of contract, negligence, battery or any other theory of recovery.
I acknowledge that monetary damages may not provide an adequate remedy for breach of this Agreement and that such breach may result in irreparable harm to Physician’s reputation and business. I agree in the event of a breach of this agreement to allow Physician to seek specific performance and/or injunctive relief in addition to any other remedy available to Physician at law.