| | | | | be asked to sign such an arbitration clause and, so you |
| In an arbitration agreement you, the patient, waive your | | | | generally don’t have the opportunity to discuss this |
| right to sue your doctor. Instead, this agreement states | | | | matter with family members or discuss it with an |
| that you will submit any dispute to arbitration. | | | | attorney. |
| Legal and binding | | | | When you are presented with this agreement, the last |
| These agreements are both legal and binding. Medical | | | | thing on your mind is filing a malpractice suit. You are |
| providers are starting to pressure current and | | | | hoping that there will be no incidents of negligence and |
| prospective patients into signing agreements, which | | | | therefore, no reason to file a claim. Unfortunately, once |
| seek to eliminate a patient's basic constitutional rights. | | | | you sign these agreements, regardless of the |
| This includes a right to a trial by jury and a right to | | | | circumstance—they are upheld by appellate courts. |
| recover full compensation for the consequences of | | | | Must I sign the agreement? |
| medical malpractice. | | | | |
| Any claim would instead be decided by a hand-picked | | | | The good news is that the law Utah passed in 1999, |
| group of arbitrators. | | | | allowing doctors to use arbitration agreements was |
| The advocates | | | | modified in 2004. The new law says that doctors may |
| Proponents of these agreements say that for patients, | | | | use the agreements, but can't deny treatment if a |
| the case can be settled faster and more money can | | | | patient declines to sign them. |
| go to them (instead of the lawyer). Advocates argue | | | | So, why sign? |
| that for doctors, if a majority of their patients sign | | | | |
| these agreements, they can a signed arbitration | | | | Your doctor can refuse to see you, but if he or she |
| agreement means that they can get a discount on | | | | does, find another doctor and complain to the state |
| their malpractice insurance. | | | | agency that licenses physicians. |
| The critics | | | | Still an option |
| Critics contend that arbitration agreements are actually | | | | |
| more expensive for consumers, because arbitration | | | | Hopefully, you'll never have to pursue a medical |
| costs are so high that patients often drop their | | | | malpractice claim against a physician. But if you do, |
| complaints because they cannot afford to pursue | | | | arbitration is still usually an option, regardless of |
| them. | | | | whether you signed the agreement. Courts would |
| Furthermore, if you are being admitted to the hospital, | | | | much prefer that medical malpractice cases are |
| you are generally not in a physical or mental condition | | | | arbitrated before they go to trial. In any case, you'll |
| to make a rational decision as to whether any future | | | | almost certainly be in a better position if you haven't |
| malpractice claim should be arbitrated. | | | | limited your options by signing an arbitration agreement |
| Pressured into signing | | | | up front. |
| Often times, patients are not told advance that you will | | | | |