The Execution of an Arbitration Provision as a Condition Precedent of Medical Treatment: Legally Enforceable? Medically Ethical?

35 Pages Posted: 17 Jul 2015

See all articles by Marc Ginsberg

Marc Ginsberg

University of Illinois at Chicago - UIC School of Law

Date Written: July 15, 2015

Abstract

Is it reasonable for a physician to condition treatment upon the patient’s execution of an arbitration agreement? Is such an agreement enforceable? Is such an agreement medically ethical? This paper will address these topics (and others) in an effort to determine whether a treatment conditioned upon the execution of an arbitration agreement covering medical liability claims is consistent with, and should be a defensible component part of, the physician-patient relationship.

Keywords: Arbitration, contract, ethics, medical ethics, medical jurisprudence, medical liability, medical negligence, medicine, professional ethics, tort

JEL Classification: I00, I10, I19, K1, K12, K13, K32

Suggested Citation

Ginsberg, Marc, The Execution of an Arbitration Provision as a Condition Precedent of Medical Treatment: Legally Enforceable? Medically Ethical? (July 15, 2015). Available at SSRN: https://ssrn.com/abstract=2631323 or http://dx.doi.org/10.2139/ssrn.2631323

Marc Ginsberg (Contact Author)

University of Illinois at Chicago - UIC School of Law ( email )

IL

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