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