Patient Access
Arbitration Agreement
Why Arbitration?
Despite even the most conscientious efforts by physicians, occasional errors occur which may adversely affect you or your family. Traditionally, when such errors have occurred and a patient has desired compensation for what is perceived as malpractice, the case has been taken to court and argued between lawyers and sometimes before juries to determine the most appropriate actions to provide for the parties involved. While providing a means for patients to receive compensation, the process has created a malpractice crisis wherein doctors are unable to practice in certain areas of the country due to the legal costs of providing patient care.
What is Arbitration?
Arbitration is a popular option being used to reduce the cost and complexity of malpractice settlements. With arbitration, instead of having a claim heard by a judge or jury, the facts are heard by a panel of three arbitrators who make a legally binding decision. One arbitrator is selected by the patient, one is selected by the physician, and the third is jointly selected from a list of trained, court-approved arbitrators. If you would like, you may have an attorney assist you at any point during the process.
What are the Benefits of Arbitration over traditional malpractice suits?
Time: A medical liability lawsuit is often measured in years by the time it is resolved in court. Most arbitration settlements can be completed in a matter of months. When you and your doctor agree to set a hearing, it can be scheduled without waiting for time in a clogged court system.
Money: Your right to recover damages is not limited by arbitration. An award in arbitration can be just as much as in a court trial. Additionally, by avoiding extensive legal expenses, under arbitration you will receive a much greater proportion of the final settlement as your legal costs will be only a fraction of what a court trial would cost.
Privacy: Your sensitive medical records and information are kept private in an arbitration proceeding rather than made public during a court trial.
Money: Your right to recover damages is not limited by arbitration. An award in arbitration can be just as much as in a court trial. Additionally, by avoiding extensive legal expenses, under arbitration you will receive a much greater proportion of the final settlement as your legal costs will be only a fraction of what a court trial would cost.
Privacy: Your sensitive medical records and information are kept private in an arbitration proceeding rather than made public during a court trial.
Arbitration Frequently Asked Questions
Does signing the arbitration agreement take away my right to sue a doctor?
Not at all. It just governs the manner by which any suit would be settled.
Does signing the arbitration agreement take away my right to a jury trial?
Yes. You and the doctor are agreeing to waive the right to a jury trial and agree to replace the jury trial with arbitration. The benefits of doing this are stated above.
Why are you asking me to sign an arbitration agreement now as I have been a patient here for many years?
As the clinic and its doctors prefer arbitration as the means of settling a medical dispute, we ask that all new and continuing patients be offered the arbitration agreement, regardless of the reason for the visit. We prefer that you complete all paperwork before seeing the doctor. You will be given a copy of the agreement to take home. The agreement contains a clause that allows you to cancel it within 10 days of the date of signature.
Will the doctor see me if I do not sign the arbitration agreement?
By law, a doctor may not refuse to see a patient solely based on their choice not to sign an arbitration agreement.
Not at all. It just governs the manner by which any suit would be settled.
Does signing the arbitration agreement take away my right to a jury trial?
Yes. You and the doctor are agreeing to waive the right to a jury trial and agree to replace the jury trial with arbitration. The benefits of doing this are stated above.
Why are you asking me to sign an arbitration agreement now as I have been a patient here for many years?
As the clinic and its doctors prefer arbitration as the means of settling a medical dispute, we ask that all new and continuing patients be offered the arbitration agreement, regardless of the reason for the visit. We prefer that you complete all paperwork before seeing the doctor. You will be given a copy of the agreement to take home. The agreement contains a clause that allows you to cancel it within 10 days of the date of signature.
Will the doctor see me if I do not sign the arbitration agreement?
By law, a doctor may not refuse to see a patient solely based on their choice not to sign an arbitration agreement.