Pennsylvania Agreement to Arbitrate Malpractice Claim of Clinic Offering Neurointegration Therapy

State:
Multi-State
Control #:
US-01817BG
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Word
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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

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.

1 Arbitration agreements for medical malpractice are written contracts between health care providers and patients in which both agree to arbitrate any dispute or claim arising from the medical care provided to the patient by the health care provider.

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.

Using Arbitration to Settle Medical Malpractice Claims It can result in a much lower settlement for the patient. For example, the arbitration agreement may limit the amount of noneconomic damages the patient may receive. The agreement may also set a maximum award for loss of future income.

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.

Arbitration has many advantages over litigation in court, such as party control of the process; typically lower costs and shorter time to resolution; flexibility; privacy; awards which are final and enforceable; decision-makers who are selected by the parties on the basis of desired characteristics and experience; and ...

Mandatory binding arbitration is a highly controversial practice. Its proponents claim that it is efficient, leads to informed decisionmaking, and sustains cordial relationships between patients and their physicians.

When you sign a healthcare arbitration agreement when 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.

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Pennsylvania Agreement to Arbitrate Malpractice Claim of Clinic Offering Neurointegration Therapy