Medical arbitration is a process in which a doctor and patient work with a third party arbitrator to resolve a dispute. This process generally takes the form of binding arbitration, meaning that whatever the outcome is, all parties must resolve to abide by it. This form of alternative dispute resolution is most commonly seen in cases where patients would normally bring suit for malpractice, with the doctor agreeing to settle by arbitration rather than in court.
Proponents of medical arbitration argue that it can be much faster than a case in court, and that in some cases, it may favor patients. However, some complaints have been lodged against the practice. Because arbitration is regarded as private, information does not enter the public record, making it harder to track malpractice claims and other legal claims related to medical practice. The privacy also means that people in arbitration do not have access to prior cases involving the same physician, facility, or procedure if these cases were handled with arbitration.
Medical arbitration also tends to favor the doctor or facility, because they retain an arbitrator and arbitration goes through them. This issue can be addressed by allowing both sides to hire an arbitrator, with the two agreeing on a neutral third party, or simply by insisting that the patient has the right to be involved in the decision about which arbitrator to use. Some people also fear that medical arbitration deprives patients of their rights, because agreeing to binding arbitration deprives people of the opportunity to take a case to court.
This can be an especially large problem when patients are asked to sign contractual paperwork before seeing a doctor. A patient who needs a procedure might sign the paperwork without fully reading it, or because the patient feels forced into the decision, in the process signing away the right to take the doctor to court. While patients can protest a medical arbitration clause in signed agreement, a doctor can also opt not to treat a patient who refuses to sign, arguing that if the patient fails to sign the contract, it puts the doctor at legal risk.
There are certainly cases in which medical arbitration can be an excellent way to resolve a dispute. A lawyer can provide advice for specific patients and specific cases, based on experience with similar cases in the past. Above all, people should try to avoid being forced into arbitration, as this can put them at a disadvantage.