Can I Sign Maine Banking Arbitration Agreement

Document type sign arbitration agreement florida free

okay now we're going to talk about medical malpractice and arbitration agreements which is a very popular topic a lot of insurance companies and physicians are moving into the area of doing arbitration agreements so in this segment we're going to talk a little bit about the advantages and disadvantages of doing that in your practice basically what is an arbitration agreement an arbitration agreement is a contract between the doctor and their patient agreeing that in the event there is any type of dispute that instead of going to traditional court and alternative form of dispute resolution known as an arbitration will be done in an arbitration there is no jury there is an arbitrator it was kind of like a judge who will make the final decision of what to do there's also arbitrations where there are three arbitrators one chosen by each side and then the third arbitrator chosen by both arbitrators and you present your case and it is decided that we said through the court system now there are some advantages to arbitration you get to avoid the jury trial in the event of a case which is highly emotional that you think people are going to be affected by making a huge number not because of the medicine but just because of the emotion you may want to get out of that through an arbitration agreement so it does avoid that fear of a large jury verdict also you can dictate the terms upon which it is handled maybe you want an arbitrator that knows a lot about your particular area maybe the arbitrator could be a physician you can require these type of things in the document don't forget the document is going to be handed to your patient upon the time they come into your visit and they're going to sign it along with all their intake paperwork so you're developing this strategy before the lawsuit even happens it is faster than traditional litigation you don't have to go through the full a couple of years that it normally takes to pursue a lawsuit instead arbitration can happen much faster also there's less attorneys fees and costs goes hand-in-hand with the length of the trial normally if you have a trial you have discovery of deposition that's a lot of lawyer time and you got to pay those lawyers our iteration is much shorter hence less lawyers piece and the other thing you do is you're going to get rid of probably litigious patients because they're going to see this document when they come in your office a lot of them honestly you're not going to like it they're not going to enjoy the idea that if something goes wrong they can't sue you if people already had that mindset in their head you're better off than walking as a patient even though it sounds good there are some severe disadvantages there's no guarantee that the agreement you son will be enforced basically you're putting together a contract and you're forcing the patient to sign it they really can't negotiate this can go before a judge eventually what's going to happen is that patient something goes wrong they're going to fit a lawyer the lawyers going to go down the traditional path of filing a lawsuit you're going to come in with your arbitration agreement and that lawyer is not going to like it so there's going to be a whole hearing before the judges to determine whether that arbitration agreement is going to be upheld also doctors may prefer juries and in some what in some cases unfortunately with these arbitrations often playing points one thing the defense says something else I need ultimate solution or resolution is somewhere in the middle there are some cases where the doctor did absolutely nothing wrong it may sound bad but did nothing wrong and the doctor is confident that his name will be defended better if the jury gets to hear it and you don't get that opportunity with the arbitration agreement so in some case it's like a frivolous case it's probably better than that you go before a jury there's also limitations on discovery because of arbitrations are so fast there's really not a lot of opportunity to do extensive depositions extensive discovery interrogatories so in the event there's a complex medical case that requires numerous experts a lot of record review you're just not going to get it done in an arbitration with the court proceeding that takes over the course of years you have that opportunity to look at the case under the microscope and finally what I mentioned before but this is a big problem is that the arbitrator's tend to give a split decision they're not going to totally go over one side or totally go for the other they're going to kind of Oh down the middle they're asking for a hundred thousand you think the case is worth ten thousand there's a good chance it's going to settle in the 50s with the jury it's all or nothing sometimes you can win there are defense verdicts all the time most of the time the verbage your defense verdicts where zero is given to the plaintiff so you just sacrifice that with an arbitration agreement for our clients it depends on the particular circumstances we discuss it with them and they choose any alcohol any time when we can help you out with that Thanks you