Arbitration Agreement For Medical Malpractice In Ohio
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Ohio has a public policy favoring the enforcement of arbitration provisions in contracts and ORC 2711.01(A) provides that such provisions will be enforced unless grounds exist in law or equity for revocation of the contract.
Arbitration is a fairer, faster, and less expensive way to resolve disputes than time-consuming and expensive litigation.
When you go to the hospital, they present you with a bunch of paperwork to sign, but never sign an arbitration agreement. this is a contractual agreement. where you wave your right to a jury trial. if the hospital messes up and injures you. you are stuck with having one. or a panel of arbitrators decide your case.
However, you can use alternative dispute resolution (ADR) to resolve medical malpractice cases without going to court. ADR refers to techniques used to resolve legal disputes without involving the court. Arbitration and mediation are the most common forms of ADR used to settle medical malpractice claims.
Lee at the Center for Health Care Rights says patients shouldn't agree to arbitration before a problem arises. “You might want to opt in later, when you know what the implications are,” he said, “rather than when you don't.”
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
Opting out of the arbitration agreement isn't damaging to you. You can always do arbitration if you would prefer that, although if you'd like to join class actions or sue the judge will throw out your case if you are still in this agreement.
Ohio's tort reform statutes include specific requirements that apply to medical malpractice cases. These obstacles make medical malpractice cases more expensive and difficult to file, and limit the amount of compensation an injured person and their family can recover.
Under Ohio Revised Code section 2323.43, noneconomic damages in a medical malpractice case may not exceed the greater of $250,000 or three times the plaintiff's economic damages—with an overall maximum of $350,000 per plaintiff (or a total of $500,000 in any case where there is more than one plaintiff).
Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out. Check your contract for the deadline and for specific instructions for opting out.
