Posted on February 29th, 2012
Our medical malpractice lawyers in Maryland recommend you to pay attention, and carefully review what you sign when it comes to your medical care. A young woman suffered a serious knee injury two years ago. After an initial surgery, she developed a serious infection that caused her to lose mobility for two years. A surgeon went in to correct it, and noticed that this infection was due to the malpractice of the previous surgery.
You would think the young lady had the right to sue in court and receive compensation for this travesty. Due to a new practice in the medical arena, she cannot. This young lady signed what is known as a binding arbitration agreement. This agreement denies the patient the right to a trial by jury in the case of malpractice.
Under this new scenario, if there is a malpractice claim, it means that both sides must choose arbitrators who sit down together and decide the outcome. Many doctors now use arbitration and most of them will not speak to news agencies about the practice.
Health care providers claim that “through arbitration, physicians and patients both benefit, because they are able to more promptly resolve malpractice claims and with less expense to all parties”. Unfortunately, the only who actually benefit from this practice are the Health Care providers.
Many doctors don’t explain to patients that they are signing away their rights. Most arbitrators typically side with the doctors and hospitals, not the patients. You should be very careful when considering the signing of one of their documents as by doing so, you significantly reduce your right to receive adequate compensation and to present your case in court.
Our medical malpractice lawyers in Maryland remind you that the important thing for patients is to know what you are signing and what you may be giving up by signing. Read the documents at your doctor’s office carefully. If you’re not comfortable signing an arbitration agreement, find a doctor that does not require them.
For more information about the case: http://www.abcactionnews.com/dpp/news/local_news/investigations/i-team-patients-signing-away-right-to-jury-trial-in-malpractice-cases