Physician-Patient Arbitration Agreement
Under this practice, this Arbitration Agreement ("Agreement") should be read carefully and fully understood. If you have any questions before or after reading and signing this statement please ask the staff or my office manager. Please read this document clearly. Thank you for your consideration.
Article 1: Agreement to Arbitrate: It is understood that any dispute as to medical malpractice, that is, as to whether any medical services rendered under this contract were unnecessary, authorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by the Florida Arbitration Code, Chapter 682, and not by a lawsuit except as Florida law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional rights to have any such dispute decided in a court of law before a jury and instead are accepting the use of arbitration.
Article 2: AU 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 services provided by the physician including any spouse or heirs of the patient and any children, whether bom or unborn, at the time of the occurrence giving rise to any claim. In the case of 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 smail claims court against the physician, and the physician's partners, associates, association, corporation or partnership, and the employees, agents and estates of any of them, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death emotional distress or punitive damages. Filing of any action in any court by the physician to collect any fee /Tom the patient shall not waive the right to compel arbitration of any mal practice claim.
Article 3: Procedures and Applicable Law: A demand for arbitration must be communicated in writing to all parties and must be made within the time /Tame set forth in F.S. 95.11 dealing with medical malpractice. 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 within thirty days of a demand for a neutral arbitrator by either party. Each party to the arbitration 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 Arbitration shall take place within 30 days after the completion of discovery as provided in the Florida Rules of Civil Procedure (Rules !.2801.390) and the decision of the arbitration panel shall be binding upon all parties for all purposes. The time for responding to discovery requests shall be 10 days. All discovery shall be completed within 2 months after the appointment of the panel of arbitrators, unless the time for discovery is extended for good cause by the panel. The arbitration panel shall decide any disputes regarding discovery. The arbitration panel is expressly authorized to award all reasonable fees and costs, including attorney's fees, to the prevailing party against any party who has violated this Agreement. 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 taw provisions. 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 intervention and join in this arbitration of any person or entity which would otherwise be a proper additional party in a éourt action, and upon such intervention and join any existing court action against such additional person or entity shall be stayed pending arbitration.
Atticle 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 (I) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Florida statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed Kerein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the Florida Rules of Civil Procedure provisions relating to arbitration.
Article 5: 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 Representative's Initials
If any provision of this Arbitration Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect 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.
I hereby authorize said assignee to release all information necessary to secure payment. I certify that the information given by me for payment by my insurance plan (s) is correct. I authorize any medical holder or other information about me to release to the above plan or its intermediaries or carriers any information needed for this or any related insurance claim. request that the payment of authorized benefits be made on my behalf. I assign the benefits payable for medical services to the physician or organization furnishing the services or authorize such physician to submit a claim to the above insurance company for payment to me.
I understand that I am financially responsible for all charges whether or not paid by my insurance, including any deductible and co-pays, and that the payments are due at the time service rendered.
I understand and agree that in the event that I fail to make payment for services rendered to me, my name and account may be turned over to an attorney or a collection agency, and I agree to pay collection agency's fee for collection of 33% court costs, and/or reasonable attorney's fee that might incurred in the collection of any outstanding balance. I authorize the physician to release any information necessary to allow payment of any claim or any information acquired during my examination or treatment to my referring physician. I understand and agree if I do not keep my appointment or fail to give 24-hour notice of appointment change I will be charged $30.00 fee. This charge is not covered by insurance. Credit Card processing fee of $5.00 - FMLA or any other forms filled out fee $25-$50.00 - Method of payments accepted credit card, Money Orders, Cash or Cashier Checks.