As a physician, you are bound to provide the best possible care to your patients. However, disputes can sometimes arise between you and your patients, which might even lead to legal action. To avoid the uncertainty and cost of litigation, many physicians today rely on a physician-patient arbitration agreement.
An arbitration agreement is a legal document that outlines the process for resolving disputes outside of court. It is a voluntary agreement between two parties, the physician and the patient, to submit any disputes to an arbitrator or arbitration panel for resolution.
The main advantage of having an arbitration agreement is that it can save money and time. Arbitration is typically faster, less formal, and less expensive than traditional litigation. It can also be less stressful for both the physician and patient, as the process is typically confidential and less adversarial than a court proceeding.
In addition, arbitration is generally considered to be more predictable than litigation. The outcome of a dispute is determined by an impartial arbitrator, whose decision is usually final and binding. This means that there is less risk of an unexpected outcome or a long and costly appeals process.
However, there are some limitations to arbitration that physicians should be aware of. For example, the arbitrator’s decision may not be appealable, and there may be limited discovery rights for both parties. In addition, the confidentiality of arbitration can be both an advantage and a disadvantage, as it can limit public awareness of issues related to physician practice and patient safety.
It is also important to note that an arbitration agreement cannot be used to waive a patient’s rights to sue for medical malpractice. Patients still have the right to file a lawsuit if they believe that they have been injured by medical negligence.
To ensure that your arbitration agreement is enforceable, it should be carefully drafted and reviewed by a qualified attorney. It must also be provided to the patient in advance of treatment, so that they have the opportunity to review and understand its terms.
In conclusion, a physician-patient arbitration agreement can be a useful tool for resolving disputes. It can save time and money, provide a more predictable outcome, and reduce stress for both parties. However, it is important to carefully consider the advantages and disadvantages of arbitration, and to work with a qualified attorney to ensure that your agreement is enforceable and protects your interests as a physician.