Physician Patient Binding Arbitration Agreement Template

United States

Updated: Aug 05, 2022

7 clauses


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Key description

  • This 3.25 page patient arbitration agreement is meant for medical spas and medical practices performing minimally invasive procedures and surgeries. This is an improvement to the standard, generic 1-page arbitration agreement because it includes the following:
  • a. Confining the arbitration to using just one arbitrator (less expensive than a panel) and to just one day.
  • b. Requiring that the arbitrator is experienced is a retired judge experienced in medical malpractice
  • c. Using JAMS streamlined Rules, which should provide for a more efficient arbitration
  • d. Keeping the arbitration private and confidential
  • e. Requiring that the arbitration is conducted in the county that your office is located in
  • f. Requiring settlement conferences to move the case along faster, a deadline of 18 months to complete the arbitration, and a one-day hearing
  • g. Limiting discovery (depositions, specific documents, e-discovery, etc.)
  • h. Putting a cap on damages (however, the cap is due to the MICRA statute, which will go up on 1/1/23 to $350K, so this agreement will need to be revised to $350K

Language

Categories

Covered clauses

All

  • Agreement to Arbitrate

  • All Claims To Be Arbitrated

  • Procedures and Applicable Law

  • General Provisions

  • LIMITATION OF LIABILITY

  • Revocation

  • Retroactive Effect


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