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 clausesAll
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Agreement to Arbitrate
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All Claims To Be Arbitrated
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Procedures and Applicable Law
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General Provisions
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LIMITATION OF LIABILITY
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Revocation
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Retroactive Effect