Dental malpractice arbitration

  Dental malpractice arbitration - Arbitration is a process of adjudicating lawsuits external of the court arrangement. The Kaiser Foundation Health Plan (which is the largest health plan in California) asks arbitration for all lays claim against its doctors or hospitals.

Dental malpractice arbitration

  Alternative Dispute Resolution (ADR) has become an more and more popular way for lawyers to care difficult medical malpractice judicial proceeding. A lot of medical malpractice lawsuits have multiplex parties on each face with important lays claim affecting unlawful death or dangerous and eternal hurts. Emotions often run high as one side is angered by the physical or financial accidental injury and the another is frustrated with the challenge to his or her professional reputation.

DENTAL PATIENT ARBITRATION AGREEMENT :

Article 1: Agreement to Arbitrate : It is understood that any dispute as to dental malpractice, that is as whether any dental services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving 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.

Article 2: All Claims Must be Arbitrated : It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or service provided by the dentist including any spouse or heirs of the patient and any children, whether born or unborn, at the time of the occurrence giving rise to any claim. In the case of any pregnant mother, the term “patient” herein shall mean both the mother and the mother’s expected child or children.

  All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the dentist (Mamta Dalwani, D.D.S., Mamta Dalwani, D.D.S., INC, Center For Holistic Dentistry) and the dentists partners, associates, associations, corporation of partnership, and the employees, agents and estates of any of them, must be arbitrated including, without limitation, including but not limited to all claims or personal injury, claims for loss of consortium, wrongful death, emotional distress or punitive damages. Filing of any action in any court by the dentist to collect any fee from the patient shall not waive the right to compel arbitration of any malpractice claim.

Article 3: Procedures and Applicable Law : A demand for arbitration must be communicated in writing to all parties. Each party shall select an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties with in thirty days of a demand for a neutral arbitrator by either party. Each party to the arbitraton shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees, or other expenses incurred by a party for such party’s own benefit. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under this contract. This immunity shall supplement, not supplant, any other applicable statutory or common law.

  Either party shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the neutral arbitrator.

  The parties consent to the investigation and joinder in this arbitration of any person or entity that would otherwise be a proper additional party in a court action, upon such intervention and joinder and existing court action against such additional person or entity shall be stayed pending arbitration.

The parties agree that provisions of California law applicable to health care providers shall apply to disputes with this arbitration agreement, including, but not limited to, Code of Civil Procedure Section 340.5 and 667.7 and Civil Code Sections 3333.1 and 3333.2. Any party may bring before the arbitrators a motion for summary judgments or summary adjudication in accordance with the Code of Civil Procedure. Discovery shall be conducted pursuant to Code of Civil Procedure section 1283.05; however, depositions may be taken without prior approval of the neutral arbitrators.

Article 4 : General Provisions : All Claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable California statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the California Code of Civil Procedure provisions relating to arbitration.

Article 5: Revocation : This agreement may be revoked by written notice delivered to the dentist within 30 days signature. It is the intent of the agreement to apply to all medical services rendered any time for any condition.

Article 6: Retroactive Effect : If patient intends this agreement to cover services rendered before the date it is signed (including, but not limited to, emergency treatment) patient should initial below :

Effective as of the date of first medical services                    __________________________________

                                                                                          Patient’s or Patient’s Representatives initials

  If any provisions of this arbitration agreement are held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.

I understand that I have the right to receive a copy of this arbitration agreement. By my signature below, I acknowledge that I have received a copy.