Don’t Sign Away Your Rights to Medical Malpractice Justice

Arbitration agreements may limit your ability to seek justice in a court of law, as guaranteed by the Constitution.

We are often asked to sign documents and usually do so without giving it a thought. “Sign here” says some person you’ve never met and pushes a clipboard at you. “Alright,” you respond and sign away. What did you just sign?

Did you take the time to read the small print? Did you read every page? If you didn’t understand something, was it explained to you?

Visiting a physician for the first rime, people are asked to fill out endless paperwork, and sign several documents. One of the papers may include an “arbitration clause” that may attempt to limit your ability to seek damages for negligence or medical malpractice in a court of law.

There are several reasons for these arbitration clauses, but the most predominant are to (1) limit your compensation and (2) keep the incident quiet.

When you file a lawsuit against a hospital, doctor, nursing home, or other healthcare-related person or facility, you have the right to have your case presented to and decided by a jury of your peers. This has been the American way since the start. That jury can award, depending on the laws in each state, a monetary amount that is reasonable and proper for your particular case, and your attorney can help present your case in a clear manner.

Malpractice Justice

With an arbitration case, one person – the arbitrator – listens to the evidence and makes a decision. This may limit your ability to receive malpractice justice and reasonable compensation for your damages.

The other reason people are pushed to sign arbitration agreements are that cases presented in court are open to the public, and arbitration cases are behind closed doors. This may prevent defendants from being embarrassed by the details of their negligence or malpractice being aired for everyone to see.

Not much is known about arbitration agreements because they are held behind closed doors and the government does not require the cases to be reported, but they do not resemble a day in court.

Please read everything you are asked to sign and make sure you are not giving up your constitutional right to have a day in court should that ever become necessary.

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