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!
View Frequently Asked Arbitration Questions
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
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
View a copy of the Arbitration Agreement
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 six languages:
- English
- Spanish
- Korean
- Chinese
- Vietnamese
- Armenian
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:
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 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.
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 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 Arbitration Self-Evaluation Tool.
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