arbitration

Started by Xerxes1729
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Xerxes1729

Full Member
15+ Year Member
The NY Times has been running a series this year on the increasing use of arbitration agreements by companies in order to keep disputes with customers and employees out of court. Here's one about a nursing home resident who was murdered by her roommate. I'm sure there's a reason, but why don't we add a line to the ED registration forms that says that patient's agree to take any concerns of malpractice to an arbiter? Apparently most of these binding arbitration requirements hold up in court when people challenge them.
 
Xerxes1729 said:
The NY Times has been running a series this year on the increasing use of arbitration agreements by companies in order to keep disputes with customers and employees out of court. Here's one about a nursing home resident who was murdered by her roommate. I'm sure there's a reason, but why don't we add a line to the ED registration forms that says that patient's agree to take any concerns of malpractice to an arbiter? Apparently most of these binding arbitration requirements hold up in court when people challenge them.
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What if the patient doesn't agree? They are in the ED often in pain, or with a potentially life-threatening medical problem. They could be considered to lack capacity to make decisions at that point in time, or be under duress.
 
Because this is 'Merica and you're entitled to sue. That's a civil right here.
 
GeneralVeers said:
If I ran a concierge medicine service, or even a private office I would certainly have an arbitration clause in my contract with the patients.
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My gut tells me that this isn't something that will actually hold up in court (they are much more concerned with protecting patient's rights than the rights of employees or credit card holders), otherwise more of us would be doing it.
 
I can't imagine this would hold up for emergency medicine.

This should be the way all of medical claims cases should be handled. Would be a better system for patients and providers.

More patients that suffered damage would get a reasonable settlement, as opposed to the current jackpot payouts to a few.

Instead of malpractice, there should just be a fee for a contingency fund added to every visit.
 
Xerxes1729 said:
The NY Times has been running a series this year on the increasing use of arbitration agreements by companies in order to keep disputes with customers and employees out of court. Here's one about a nursing home resident who was murdered by her roommate. I'm sure there's a reason, but why don't we add a line to the ED registration forms that says that patient's agree to take any concerns of malpractice to an arbiter? Apparently most of these binding arbitration requirements hold up in court when people challenge them.
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Exculpatory clauses, or clauses that seek to limit a plaintiffs right to legal recourse in a tort, rarely hold up and are generally not worth the paper they are printed on. At least that is what my attorney spouse tells me. Other than that, why start off a patient encounter discussing litigation.

Reminds me of my favorite quote by one of my favorite mentors:

"If you approach every patient encounter as a potential lawsuit you are going to have a very short and very unhappy career in Emergency Medicine.
 
The way to keep people from suing for stupid reasons is not to limit awards for real damages due to real negligence.

Sadly, I don't know what would keep people from filing frivilous suits, but forcing arbitration and capping damages isn't it.
 
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