For the doctor, it is important to use a form that complies with the legal requirements. For example, a black and white photocopy of a form will not be applicable in California because it does not have the required red ink, as will a do-it-yourself form without the exact wording required. At that time, there are several sources of forms that comply with California law, including H.J. Ross Company and the National Chiropractic Council, based in Tustin, California, which sells the forms, whether you are insured through its program. Chiropractors who practice in states other than California should consult with an attorney about the laws in those states regarding the legality and formal requirements of arbitration forms. A second possible concern of the patient is that arbitration is unusual – an idea that could cause the patient to question the competence and confidence of the doctor. Fortunately, arbitration is quite usual and legal. For example, in 1975, the California Supreme Court ruled that arbitration was an “appropriate and customary” means of resolving disputes over medical errors that “do not define more than a dispute resolution forum.” Madden v. Kaiser Foundation Hospitals, 17 Cal.3d 699 (1975).
The California Supreme Court has found the benefits of arbitration as follows: Interestingly, studies have shown that patients who refuse to sign arbitration agreements have recourse against you much more often in the future. This makes sense because they are already thinking about how to make a claim before anything even happens. You may want to consider not treating or transferring these patients. At a patient`s first visit before treatment, the medical assistant must issue the patient with the reconciliation form with all other forms to be read and completed, such as medical history and insurance forms. Tripartite NCR forms (no carbon required) should be used, each page with the required red pressure warning. The original must enter the patient`s record, a copy must be given to the patient, and a copy must be filed alphabetically by patient name in an office record, only for arbitration forms. However, what the health patient should recognize is that punitive damages are rarely, if at any, awarded in the event of a treatment error. Under California law and the laws of many states, punitive damages can be awarded in both civil and arbitration proceedings, but only in cases of fraud, malice (intent to harm), or oppression to punish criminal or insolent behavior.
In the vast majority of cases of treatment error, the patient asserts the simple negligence of the doctor and therefore can only claim damages, i.e. damages, to compensate an injured patient for medical expenses, loss of profit and pain and suffering. . . .