A physician-patient arbitration agreement, also known as a medical arbitration agreement, is a legal contract between a physician and a patient that establishes a process for resolving disputes related to medical treatment.
The agreement typically requires patients to waive their right to file a lawsuit against the physician in the event of a dispute and instead agree to resolve the matter through arbitration. Arbitration is a legal process in which a neutral third party, known as an arbitrator, hears the evidence and makes a binding decision.
Why Are These Agreements Used?
Physician-patient arbitration agreements have become increasingly common in recent years. Medical professionals and healthcare facilities often use these agreements to minimize their exposure to lawsuits and the related costs and reputational harm.
Arbitration is often seen as a more efficient and cost-effective way to resolve disputes than litigation, which can be lengthy and expensive. For patients, arbitration can also offer a more informal and less adversarial process for resolving disputes.
What Are the Benefits of an Arbitration Agreement?
The benefits of a physician-patient arbitration agreement include:
– Greater control over the dispute resolution process: Patients can choose the arbitrator and have a say in the rules that will govern the proceedings. The parties can also agree to keep the arbitration confidential.
– Faster resolution: Arbitration can be resolved more quickly than litigation, which can take years to reach a conclusion.
– Lower costs: Arbitration is often less expensive than litigation, which can involve costly legal fees and expert witnesses.
– Less formal process: Arbitration is less formal than litigation and typically involves fewer procedural formalities.
What Are the Risks of an Arbitration Agreement?
While physician-patient arbitration agreements offer several benefits, there are also some potential risks to consider. These include:
– Limited ability to appeal: Arbitration awards are generally final and binding, and there is limited ability to appeal the decision. This can limit a patient’s ability to seek a different outcome if they are dissatisfied with the arbitrator’s decision.
– Waiver of the right to a jury trial: When a patient signs an arbitration agreement, they are often waiving their right to a jury trial. This can be a disadvantage for patients who want a jury to decide their case or who may be more likely to receive a favorable outcome in front of a jury.
– Lack of transparency: Arbitration proceedings are generally private, which means that there may be limited transparency into the process and the outcome. This can be a disadvantage for patients who may want others to know about their experience or who want to hold the physician or healthcare facility accountable publicly.
In Conclusion
Physician-patient arbitration agreements can offer several potential benefits for both parties, including more control over the dispute resolution process, faster resolution, and lower costs. However, patients should carefully consider the potential risks of these agreements, including the limited ability to appeal, waiver of the right to a jury trial, and lack of transparency. If you are considering signing a physician-patient arbitration agreement, it is important to fully understand the terms and seek legal advice if necessary.