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.

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 le 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.

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

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 le 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

You may seek arbitration voluntarily if a malpractice dispute arises and you want to
settle without formal court proceedings. Patients may nd 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.

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 reafrm 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.

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 clarication 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 gure 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.