A: Generally, the intent of an arbitration agreement is for the parties subject to the agreement to settle their dispute through a neutral arbitrator rather than a jury. Arbitration is often more cost-effective than hearing a case. However, in today`s legal environment, there are several reasons why ESESS does not believe that arbitration agreements are in the best interests of its policyholders or their patients. Candice Ward, a nursing student, is doing the binding arbitration with Western Dental. During a root canal treatment in the Santa Cruz office, a dentist pushed the syringe through the tooth and roof of his mouth and injected bleach into his sinuses. Ward says that even after screaming in pain, the dentist did it a second time. If you`ve already signed an arbitration agreement, it may not be too late to invalidate it. Chapter 2711 of the Revised Ohio Code contains the arbitration laws of Ohio. Ohio Revised Code 2711.22 provides that the patient or his or her legal representative has 30 days after all parties sign the contract to terminate the arbitration agreement in writing. Western Dental`s ads convey the message – their dental care is affordable: “With simple interest-free monthly payments, even if you have bad credit.” First, by entering into an arbitration agreement, the patient and dentist lose their right to settle their dispute in court. In addition, arbitration is generally binding and encourages compromise. This means that the dentist is more likely to be found guilty and unable to negotiate or challenge the decision.
The American Association for Justice urges lawmakers to take action and repeal laws that allow these harmful arbitration clauses. They recently wrote that “forced arbitration clauses in nursing home contracts must be prohibited to restore the rights of residents and their families.” They are trying to discuss the issue with Medicare, and it appears that Medicare is about to ban such agreements on all hospitals and nursing homes that accept federal funding. This would be of great help to families who have been harmed by medical negligence or in a nursing home. .