Dental Malpractice :Patient-Dentist Arbitration Agreement
Article I.
It is understood that any dispute as to dental
malpractice, this, as to whether any dental services rendered under this
contract were unnecessary or unauthorized or were improperly, negligently or
incompetently rendered, would be determined by submission to arbitration as
provided by California Law, and not by a lawsuit, or resort to court process,
except as California law provides for judicial review or arbitration
proceedings. Both parties of this contract by entering into it, have given up
their constitutional right to have any such dispute decided in a court of law
before a jury, and instead are accepting the use of arbitration.
Treatment in this office is contingent
upon both parties consenting to this Arbitration Agreement.
Article II.
A. Parties to the Agreement:
The term “patient” as used in this agreement
includes the undersigned individual, his or her spouse, children (whether born
or unborn), and heirs, assigns or personal representatives. The individual signing this Agreement signs
it on behalf of the foregoing persons, and intends to bind each of them to
arbitration to the full extent permitted by law.
The term “doctor” as used in this agreement
includes the undersigned doctor and his or her professional corporation or
partnership, and any employees, agents, successors in interest, heirs and assigns
of the foregoing individuals or entities and independent contractors. The doctor signing this agreement signs it on
behalf of all the foregoing individual and entities, and intends to bind each
of them to arbitration to full extent permitted by law.
B. Treatment Covered:
Patient understands and agrees that any
dispute of the sort descried in Article I between doctor and patient will be
subject to compulsory, binding arbitration.
C. Coverage of Pre-Natal Claims (If Applicable):
Patient understands and agrees that, if
doctor treats her during pregnancy, any dispute or sort descried in Article I
as to dental treatment rendered to or affecting the unborn child will be
subject to compulsory, binding arbitration.
Article III.
A. Informal Resolution of Disputes:
In the event patient feels that a problem
has arisen in connection with the dental care rendered by doctor to patient,
patient will promptly notify doctor so that doctor may have the opportunity to
resolve the matter. Notice may be given
orally or in writing, and shall stop the running or statute of limitations for
ninety (90) days.
B. Method of Initiating Arbitration:
If the dispute is not resolved by mutual
Agreement within ninety (90) days, patient may initiate arbitration by notifying
doctor to that affect. The arbitrator
shall be selected by the chief administrator of JAMS ENDISPUTE. The arbitrator must be selected within
twenty-one (21) days of the signature on the receipt for a letter sent
certified mail return receipt request demanding that a dispute submitted to
arbitration. Following the selection of
the arbitrator, arbitration must be held within thirty (30) days.
C. Applicable Law:
The arbitration shall be conducted pursuant
the California Arbitration Act (C.C.P. 1280-1296). The Arbitrator shall, in addition, have
authority to order such other discovery as he/she deemed appropriate for a full
and fair hearing of the case. A
determination on the merits shall be rendered in accordance with the law of the
State of California , including the provisions
of the Medical Injury Compensation Reform Act 1975 which shall apply to the
same extent as if to dispute or pending before a Superior Court of the State of
California .
The arbitrator shall not have the power to
commit errors of law or legal reasoning, and the arbitrator’s decision may be
vacated or corrected pursuant the California Code of Civil Procedure Sections
12806.2 or 12086.6 for any such error.
The prevailing party shall be entitled to
attorney fees.
Article IV.
A. Revocation:
If
you are signing this agreement and then change your mind, the law permits you
to revoke the Agreement providing you give your doctor written notice within
thirty (30) days of signing that you want to withdraw from the Agreement. However, doctor and patient agree that any
claim arising for dental services rendered prior to revocation shall be
subjected to arbitration. Furthermore,
doctor is not obligated to continue the doctor/patient relationship should you decide
to withdraw from the agreement.
NOTICE: BY SIGNING THIS
CONTRACT, YOU ARE AGREEING TO HAVE ANY ISSUE OF DENTAL MALPRACTICE DECIDED BY
MUTUAL ARBITRATION AND YOU ARE GIVING UP RIGHT TO JURY OR COURT TRIAL, SEE
ARTICLE I OF THIS CONTRACT.
PATIENT’S NAME:
(Please Print):_________________________________________ DATE: __________________
SIGNED:
__________________________________________________ SIGNED: _________________________
Patient/Legal
Guardian Witness
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