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

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