What Is A Physician Patient Arbitration Agreement

Confused and desperate, she hastily signed a consent, medical history and arbitration agreement. In a subsequent dispute after the clinic attempted to force arbitration, the patient testified that she did not know what arbitration meant. The clinic did not have policies or procedures to ensure that the patient understood the forms they presented to potential patients on a Take it or Leave It as a Treatment Condition. Many physicians believe that non-expert juries cannot fully understand the complexity of malpractice cases and may specify a physician arbitrator in the agreement. States are divided on the validity of these arbitrator selection clauses. It is becoming increasingly common for health care providers to ask patients to sign an arbitration agreement before receiving medical care. Often, the medical provider buries the agreement in a large pile of documents that they are supposed to sign for you. Patients don`t even notice what they sign. Of particular concern is the inclusion of nursing homes in the fine print of admission kits.

Often, relatives do not even notice that they are included in the hosting agreement. By signing the arbitration agreement, you waive your right to jury proceedings in the event that it causes harm to you or your loved one. There is no legitimate reason for a health care provider to want you to sign such an agreement. Health care providers do this because their lawyers have taught them that arbitration is often more favorable to them than a jury trial to resolve potential disputes. .

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