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How Arbitration Affects Health Care

Home/Healthcare News/How Arbitration Affects Health Care

How Arbitration Affects Health Care

by Olga Khazan | The Atlantic | November 2, 2015

How Arbitration Affects Health Care

Sovereign Solutions Editor’s Note:

Arbitration is something to take care to know about when it comes to your health and the care associated with it.

As the featured article demonstrates, the devil is usually in the details.

Arbitration need not necessarily be a bad thing for the customer, but it pays to take heed of the finer details, especially when such involves a considerable medical procedure.

Remember, if you see something, then say something. When it comes to securing your finances, this too often repeated and misused counsel actually becomes helpful.

Say what, you ask?

Well, if the procedure you are planning for involves signing off on some paper work that substitutes jury trial for arbitration in the event of possible damages, then you really ought to say something about it.

If you find arbitration for said procedure unacceptable, which you may after reading the featured article, then you need to be an empowered person and simply say no.

The thing to remember is this: you are PAYING for medical care, you are electing to purchase or decline.

You may be surprised to find hospitals and medical professionals amenable to your will on this matter. And of course, remember, there are always other parties to contract with in order to serve you.

As with all healthcare matters, remember this:

YOU are in the driver’s seat. It is YOUR body, YOUR health, and YOUR money. So ACT LIKE IT!

Pay attention to the details, speak up, and act decisively. Especially if ANY contract substitutes jury trial with likely abstruse arbitration that may be inherently advantageous to the medical practice and professional.

We at Sovereign Liberty Solutions certainly do not support an overly litigious society; however, substituting jury trial with arbitration BLINDLY and worse, UNKNOWINGLY, is downright dangerous to your wallet. 

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The next time you’re filling out paperwork in the waiting room of a doctors’ office or nursing home, you might want to look for a phrase buried amid all the legalese and checkboxes. It’ll be something like, “Claims are decided by a neutral arbitrator.”

If it’s there, the provision will significantly change the way you can sue for damages if something goes wrong.

The New York Times this weekend investigated the rise of an opaque legal process called arbitration, which has been bolstered by two Supreme Court rulings in recent years.

Unlike jury trials, arbitration proceedings are wholly overseen by a retired judge or arbitration-trained lawyer. The Times report finds rampant bias and inconsistent rules within the process. “What rules of evidence apply?” one arbitration firm’s website asks, according to the story. “The short answer is none.”

According to the Times’ data, the deck is often stacked in favor of the corporate defendant. “Roughly two-thirds of consumers contesting credit-card fraud, fees, or costly loans received no monetary awards in arbitration,” the paper found. The arbitrator’s ruling is usually final.

Read More

WHAT DO YOU THINK?

Do you have any objections, thoughts, concerns, or contributions? I REALLY WANT TO KNOW. Help me to make this a conversation!

Together we can map out better solutions and truly navigate clearer paths towards quality services, low prices, and better lives.

Oh! And as always, if you find this post useful, do me and so many others a huge favor. When it comes to this kind of information: share and share alike! Information is meant to be disseminated wide and far.

Sovereign Liberty Solutions

Your Home for Liberty Bias in News, Opinion, & Solutions
By | 2017-03-28T14:42:34-04:00 November 30th, 2015|Categories: Healthcare News|Tags: , |0 Comments

About the Author:

My name is Matthew. I am founder of and manage Sovereign Liberty Solutions. I am a proponent of free, voluntary association and expression. I understand that there is no single exception or excuse to violate this with the initiation of force, fraud, and coercion. I welcome a genuine dialogue & seek information, news, analysis, and, of course, solutions, whether it be on the individual level or a more voluntary association [group] or even "national" one.

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