ARBITRATION
"Providing the highest quality, cost-effective professional liability protection services . . ." MPT Mission Statement
One of the best protections CAP offers members is education in the use of Arbitration Agreements between physician and patient. For more than 20 years, members and their patients have realized the benefits of resolving their disputes through binding arbitration. Currently, approximately one-half of all CAP members use Arbitration Agreements in their practice settings to reduce their risk.
What do your peers know about Arbitration that you don't?
Other Facts:
- CAP Arbitration Agreements meet all legal requirements for enforcement.
- Approximately 90 percent of patients sign when presented with the Agreement form.
- Patients may revoke Arbitration Agreement if within 30 days of signing.
- Retroactive clause allows current patients to agree to arbitrate previous care.
- In-office staff training is available to instruct physician members and office staff in:
- Arbitration Agreement presentation to patients
- Completion of legally enforceable agreements
- Most frequently asked questions by patient
- Most frequently asked questions by physician
Arbitration Agreements (50 forms per packet)
Arbitration Agreement forms are available at no charge to members. Price for non CAP members is $25 per packet.
Arbitration Agreements are available in six languages:
- English
- Spanish
- Korean
- Chinese
- Vietnamese
- Armenian
View a copy of the Arbitration Agreement
View Frequently Asked Questions About Arbitration
Questions Physicians Ask About Arbitration
Ensuring Enforceable Arbitration Agreements
Office Arbitration Evaluation Overview
The number one obstacle CAP's legal staff has in enforcing an Arbitration Agreement is an Agreement that has been incorrectly completed. CAP members and their staff need to be quite diligent in the execution of these agreements. The most typical errors found on Arbitration Agreements in physicians' offices are the following:
Physician And/Or Group Name Missing
If a physician member is an employee of a group, the group name and employed physician's name must appear on the agreement. An alternative is to use the words, "ABC Medical Group and its affiliated physicians." (Insert your group's name.)
Dates Missing
Two dates (one in physician area and one in patient area) are needed.
Child/Minor Name Missing
If the patient is a minor, the minor's adult legal representative must sign and date the agreement. It is also imperative that the minor's name appears in the "Patient Name" area.
The Original White Copy Of Agreement Is Not Given To The Patient But, Is Kept In The Medical Record.
It is imperative that the patient receives the yellow page of the arbitration agreement as it discusses their legal rights regarding revocation of the agreement.
By putting a bit more emphasis into the CORRECT execution of the arbitration agreement, you may help assure that many more of your arbitration agreements are enforceable by a court of law.
How Can You Assure That Arbitration Agreements Signed In Your Office Are Legally Enforceable?
Consider conducting your own Office Arbitration Evaluation in your medical office practice. An Office Arbitration Evaluation Tool, and directions for its use, are provided.
Click here to go to the Office Arbitration Evaluation Tool.
To schedule an Arbitration Agreement training session in your office, please call 800-252-7706 (Extension 8644) or contact riskmanagement@cap-mpt.com
