Medical arbitration is a process where a doctor and patient work with a third-party arbitrator to resolve disputes, usually in cases of malpractice. It is private and not recorded, which can make it difficult to track malpractice claims. It tends to favor the doctor or facility, but this can be addressed by allowing both parties to hire an arbitrator. Patients may feel deprived of their rights since agreeing to binding arbitration means they cannot take the case to court. It is best to avoid being forced into arbitration.
Medical arbitration is a process in which a doctor and a patient work with a third-party arbitrator to resolve a dispute. This process generally takes the form of binding arbitration, meaning that whatever the outcome, all parties must agree to abide by it. This form of alternative dispute resolution is most common in cases where patients would normally sue for malpractice, with the doctor agreeing to settle through arbitration rather than in court.
Proponents of medical arbitration argue that it can be much quicker than a court case and that it can benefit patients in some cases. However, some complaints have been filed against the practice. Because the arbitration is considered private, the information does not enter the public record, making it more difficult to track malpractice claims and other legal claims related to the medical practice. Privacy also means that individuals in arbitration do not have access to prior cases involving the same physician, facility, or procedure if these cases were handled with arbitration.
Medical arbitration also tends to favor the doctor or facility, because they keep an arbitrator and the arbitration goes through them. This problem can be addressed by allowing both parties to hire an arbitrator, with the two agreeing on a neutral third party, or simply by insisting that the patient has a right to be involved in the decision on which arbitrator to use. Some people also fear that medical arbitration deprives patients of their rights, because agreeing to binding arbitration deprives people of the opportunity to take a case to court.
This can be an especially big problem when patients are asked to sign contract documents before seeing a doctor. A patient in need of a procedure might sign the document without reading it completely, or because the patient feels compelled to make a decision, in the process, denying the right to take the doctor to court. While patients can protest a medical arbitration clause in the signed agreement, a doctor can also choose not to treat a patient who refuses to sign, arguing that if the patient does not sign the contract, it puts the doctor at legal risk.
There are certainly instances where medical arbitration can be a great way to resolve a dispute. An attorney can provide advice for specific patients and specific cases, based on experience with similar cases in the past. Above all, people should try to avoid being forced into arbitration, as this can put them at a disadvantage.
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