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Arbitration clauses in contracts between providers and patients.
1University of Washington School of Medicine, Seattle 98136, USA.
The Journal of Medical Practice Management : MPM
|February 8, 2000
Summary
Arbitration clauses in healthcare contracts offer advantages but require careful drafting to ensure enforceability. This guide helps practitioners navigate legal issues in patient arbitration agreements.
Area of Science:
- Healthcare Law
- Contract Law
- Alternative Dispute Resolution
Background:
- Arbitration clauses are increasingly used in healthcare contracts.
- These clauses present potential benefits for both healthcare providers and patients.
- Ensuring the enforceability of these agreements is crucial for practitioners.
Purpose of the Study:
- To outline the contractual and constitutional issues surrounding arbitration agreements in healthcare.
- To provide practical advice for healthcare providers on drafting enforceable arbitration clauses.
Main Methods:
- Review of relevant contract law principles.
- Analysis of constitutional challenges to arbitration agreements.
- Examination of case law concerning healthcare arbitration.
Main Results:
- Arbitration agreements must be carefully drafted to avoid unenforceability.
- Key contractual and constitutional issues impact the validity of these clauses.
- Specific drafting strategies can enhance the likelihood of enforceability.
Conclusions:
- Healthcare providers can benefit from well-drafted arbitration clauses.
- Understanding legal nuances is essential for creating compliant agreements.
- Proactive attention to contractual and constitutional requirements is advised.