I doubt that these documents are contracts. They aren't intended to create a legal obligation on the part of either party but rather are intended to be evidentiary documents to prove that the privacy policy was disclosed to the patient and the patient told the doctor's office that he understood it.
Your signature on the document is there to refute any future claim you might make that you were not presented with the privacy information.
I'm assuming the privacy form is a separate document. If it is part of a larger document then perhaps that document also includes elements that make it a contract. In that case the lack of signature on their end is probably not a problem.
It's a common belief that contracts must be in writing and signed. In fact only certain kinds of contract must be in writing and signed (the biggies are contracts that cannot be performed within one year, contracts that transfer interests in land, and contracts for the sale of goods for $500 or more).
Otherwise, all you need is for both parties to have agreed on the terms of the contract and a thing called "consideration". Consideration is a subtle and elusive concept but roughly it means each person obligated under the contract is getting something valuable in exchange for taking on the contractual obligation.
If both parties agree to something and both uphold their end of the bargain then it doesn't really matter whether or not they actually managed to form a legally enforceable contract. That only matters if something goes wrong and one or more parties want to use the courts to enforce the contract or win damages for breach of contract.
If you have to sue someone over a contract you'll have to prove that there actually was a contract formed with them. That will be a lot easier if the contract was in writing and you had them sign it.
Thanks for the information! I doubt it will come to a confrontation, but it's been an itch I couldn't scratch for almost a year now pondering the implications.
Your signature on the document is there to refute any future claim you might make that you were not presented with the privacy information.
I'm assuming the privacy form is a separate document. If it is part of a larger document then perhaps that document also includes elements that make it a contract. In that case the lack of signature on their end is probably not a problem.
It's a common belief that contracts must be in writing and signed. In fact only certain kinds of contract must be in writing and signed (the biggies are contracts that cannot be performed within one year, contracts that transfer interests in land, and contracts for the sale of goods for $500 or more).
Otherwise, all you need is for both parties to have agreed on the terms of the contract and a thing called "consideration". Consideration is a subtle and elusive concept but roughly it means each person obligated under the contract is getting something valuable in exchange for taking on the contractual obligation.
If both parties agree to something and both uphold their end of the bargain then it doesn't really matter whether or not they actually managed to form a legally enforceable contract. That only matters if something goes wrong and one or more parties want to use the courts to enforce the contract or win damages for breach of contract.
If you have to sue someone over a contract you'll have to prove that there actually was a contract formed with them. That will be a lot easier if the contract was in writing and you had them sign it.