In her article for Modern Medicine (Arbitration Beats Litigation, 5/22/2009), healthcare attorney Lee J. Johnson explains that a medical malpractice lawsuit can take many years. Arbitration, by comparison, is a less formal type of dispute resolution—often faster, less expensive, and more efficient than litigation. But, courts only enforce agreements that are drafted and presented in a fair manner; contracts, she says, should contain fair terms that are not hidden, a clear statement that the patient is giving up the right to a jury trial, and an opportunity for the patient to discuss the agreement with the physician.She adds that an "arbitration agreement signed before the patient seeks or starts treatment is more likely to be upheld than one signed just before treatment."
0 comments:
Post a Comment