Arbitration

Our team, comprising internationally certified attorneys, arbitrators, mediators, and litigators, brings a wealth of expertise to the table. We offer mediation, arbitration, and alternative dispute resolution (ADR) services tailored to the healthcare industry. With our deep understanding of healthcare law, we effectively resolve disputes related to payor/provider relationships, mergers and acquisitions, hospital employment, privacy and data breaches, intellectual property, and product liability, among others.

Our services not only offer significant time and cost savings but also provide a high degree of flexibility. You don’t have to leave the comfort of your home, go to foreign courts, or litigate in a system and language that’s unfamiliar to you. We strive to preserve valuable business relationships and work with all parties to create flexible, customized ADR approaches. Our case management, custom rules, and affordable options cater to healthcare-related disputes of any size and type.

What Is Arbitration?

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who decide on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

Arbitration is a legal process in which the involved parties present their case before an arbitrator or arbitration panel to decide the outcome outside the courts. It’s a less formal process than court litigation.

During an arbitration hearing, each party presents its case before an arbitrator rather than a judge or jury. The arbitrator uses the information the parties present during the hearing to decide the outcome.

But How Is Arbitration Used in Medical Malpractice?

Arbitration of disputes can be a valuable tool to resolve medical malpractice issues out of court. Arbitrators, chosen through the agreement of both parties, decide the outcome of medical malpractice arbitration cases. This process often leads to quicker resolutions, saving time and resources. However, it’s important to note that arbitration may not be suitable for all circumstances.

Many people who know how to file a medical malpractice claim take their malpractice cases to court. However, you can use alternative dispute resolution (ADR) to resolve medical malpractice cases without going to court. ADR refers to techniques used to resolve legal disputes without involving the court. Arbitration and mediation are the most common forms of ADR to settle medical malpractice claims.

Medical Service Agreements to Avoid Court.

Patients and doctors can decide to settle medical malpractice disputes through arbitration beforehand or after the dispute arises.

What Is a Healthcare Arbitration Agreement?

Healthcare arbitration agreements are written agreements between patients and healthcare providers that state that any dispute that arises will be handled through arbitration. The patients sign the agreement before a procedure or treatment, and it comes into effect when a dispute regarding the procedure or treatment arises afterward.

When you sign a healthcare arbitration agreement seeking medical care from a hospital or physician, you waive your right to file a malpractice lawsuit. Instead, you will submit any claim against the medical provider to an arbitrator for determination. All the involved parties must abide by the decision of the solitary arbitrator or panel of arbitrators.

When and Why a Case Would Go to Arbitration

You may seek arbitration voluntarily if a malpractice dispute arises and you want to settle without formal court proceedings. Patients may find arbitration more appealing than a courtroom trial for several reasons. The arbitration process is typically much faster and offers more privacy than when a judge or jury handles the case. However, in most cases, medical malpractice cases go to arbitration instead of a court trial due to patients signing a healthcare arbitration agreement.

Validity

You can challenge the validity of a healthcare arbitration clause in court. Depending on circumstances, courts may determine that an arbitration agreement is unenforceable, even if you have signed it.

The healthcare arbitration agreement should be a separate and complete instrument, not a part of another instrument or contract. During the discharge planning process, you or members of your family, if appropriate, should receive a copy of the healthcare arbitration agreement you signed to reaffirm it. Failing to comply with this provision will void the deal.

A healthcare arbitration agreement should be fair to you and the medical provider. A court may declare it invalid if it’s too one-sided or biased.

Should You Choose Arbitration Over a Court Trial?

Arbitration may be simpler, faster, and more private than a trial. However, it may leave you not knowing what to do if you have been misdiagnosed or are a victim of some other type of medical malpractice. That’s because arbitration may later severely limit your options for seeking the compensation to which you should be rightfully entitled. 

Therefore, it’s best to ask questions and seek clarification when considering arbitration to settle a medical malpractice case or signing a healthcare arbitration agreement before a medical procedure. Our legal collaborators and arbitrators can review your case and help you figure out whether the arbitration will lead to a more favorable outcome than taking your case to trial. If you have already signed a healthcare arbitration agreement, a lawyer will help you determine whether it’s legally valid and enforceable.