Defending and Asserting Medical Patients' Rights
Legal forms have become a constant, ever-present part of seeking medical attention at almost every level. Under most circumstances, doctors and hospitals insist on having a signed informed consent agreement — and often an arbitration agreement in case something goes wrong — before they provide any diagnosis, treatment or even advice.
Having signed a form, one that very few non-lawyers can decipher, does not mean you have signed away all your rights.
At Eisenberg, Gilchrist & Cutt, a respected Salt Lake City law firm serving clients throughout Utah, we will evaluate your claim involving serious injury or a wrongful death regardless of these complex factors.
Frequently, insurers will tell you that arbitration is cheap, fast and easy, but that is not the case. In an arbitration, insurance companies will use experienced lawyers, expert witnesses and all their financial resources. You need lawyers like those at Eisenberg, Gilchrist & Cutt to help you in arbitration just as you would in court.
Understanding Informed Consent and Arbitration Agreements
In basic terms:
- A medical informed consent agreement typically states that you acknowledge medical treatment has risks, and also that you agree to be responsible for costs not covered by your insurance. There may be several other specific points and clauses.
- Arbitration agreements used by doctors and hospitals typically state that you agree not to file a lawsuit if a dispute over their services arises — but rather to fight the matter out of court using special rules and guidelines.
We Challenge Enforceability, Handle Arbitration, and Take Complex Suits to Trial
Medical providers are obligated to provide diagnostic services and treatment consistent with the standards of care. No form on file changes that, although if you pursue the matter without a skilled attorney, you may be told it does. Factors we may explore and consider include:
- Whether you were under duress due to your condition or on medication that could have impaired your understanding of the form you signed
- Whether you were told that an arbitration agreement was optional
- Whether the agreement you signed was properly drafted and is enforceable under the law — because many are not, for a variety of reasons
The experience of our team of lawyers and other professionals runs deep and wide. We take medical malpractice and other negligence cases to trial, and also act as arbitrators in medical malpractice cases, so we have the experience to get the best outcome in arbitration cases. For a free case evaluation, including assessment of informed consent and arbitration agreements you may have signed, please contact us today.
