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Arbitration
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"Providing the highest quality, cost-effective professional
liability protection services . . ."
MPT Mission Statement
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One of the best protections CAP offers members is education in the use of Arbitration Agreements between physician and patient. For almost 20 years, members have increasingly realized the benefits of Arbitration
in protecting themselves and their practices. Currently, over
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?
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Compare, below, the characteristics of a trial with that of Arbitration
in settling a professional liability claim.
Characteristics Of A Professional Liability Trial:
- Frequent delays/postponements
- 2-3 week long trials - physicians away from their practice
- Public forum
- Unsophisticated jurors deciding complex issues
- Emotional appeals by patients
- Unpredictable verdicts.
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Arbitration Is An Alternative!
Arbitration is the process of dispute resolution
in which arbitrators render a decision after a hearing at which
both parties have had an opportunity to be heard.
Characteristics Of Professional Libility Arbitration:
- Arbitration hearings arranged conveniently for participants
- 2-3 day Arbitration hearings
- Private forum
- Expert testimony heard
- Educated specialists (retired judges/attorneys) render decisions
- Evidence presented with emotion removed
- Large reduction in defense expenses = Lower
Assessments for Members
- More predictable verdicts!
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Arbitration Forms In SIX Languages
Available At NO CHARGE To CAP Members
- CAP Arbitration Agreements meet all legal requirements for
enforcement.
- Approximately 90% 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
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To schedule an Arbitration Agreement training session in your
office, CAP
Members may:
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.
Note: Arbitration Agreement forms are available in five languages:
- English
- Spanish
- Korean
- Chinese
- Vietnamese
- Armenian
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Click here to order Arbitration
Agreements
Ensuring Enforceable Arbitration Agreements
Self-Evaluation
Tool
The number one obstacle CAP-MPT'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:
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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.
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The Yellow 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.
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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.
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How Can You Assure That Arbitration Agreements
Signed In Your Office
Are Legally Enforceable?
Consider conducting your own self-evaluation of Arbitration use
in your medical office practice. An Arbitration Self-Evaluation Tool, and directions for its use, are provided.
Click here to go to the Arbtration Self-Evaluation Tool.
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