Florida Agreement to Arbitrate Malpractice Claim of Clinic Offering Neurointegration Therapy

State:
Multi-State
Control #:
US-01817BG
Format:
Word
Instant download

Description

Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. Arbitration is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick and relatively inexpensive decision, by which they agree they will be bound.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Florida arbitration panel can award no more than $250,000 in compensation for non-economic damages per incident. Non-economic damages are intangible losses, they include things like pain and suffering and loss of love, consortium, and companionship. Economic losses are not subject to such a hard statutory cap.

Arbitration is a dispute resolution process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision, which may be binding or nonbinding. Fla. Stat. Section 44.1011.

Arbitration of disputes can be used to resolve medical malpractice issues out of court. Arbitrators decide the outcome of medical malpractice arbitration cases and are typically chosen through the agreement of both parties.

In summary, arbitration is an informal dispute resolution process that can help parties resolve medical malpractice cases out-of-court. Presuit investigations, arbitrators must comply with 766 Florida statue and may require to analyze if a just settlement offer cannot be reached through informal negotiations.

In most medical malpractice cases, the victim can file a lawsuit in court and seek compensation for the injuries they have suffered. However, when there is a valid arbitration agreement between the healthcare provider and the victim, the dispute may be forced into arbitration instead.

Arbitration is an alternative means of dispute resolution that can keep a medical malpractice claim out of court. The common description of ?rent-a-judge? is fairly accurate. Legal scholars have hailed arbitration as a way of rendering dispute resolution quick and cost-effective.

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Florida Agreement to Arbitrate Malpractice Claim of Clinic Offering Neurointegration Therapy