ALSO SIGN THE INFORMED CONSENT ON THE REVERSE SIDE
ARBITRATION AGREEMENT
Article 1: Agreement to Arbitrate: it is understood that any dispute as to medical malpractice, that is as to whether any medical service rendered under this contract
were unnecessary or unauthorized or were unauthorized, negligently or incompetently rendered, will be determined by submission to arbitration as provided by
California and federal law, and not by a lawsuit or resort to court process except as state and federal 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 also understood that any dispute that does not relate to medical malpractice, including disputes as to whether or not a
dispute is subject to arbitration, will also be determined by submission to binding arbitration. It is the intention of the parties that this agreement bind all parties as to all
claims, including claims arising out of or relating to treatment or services provided by the health care provider including any heirs or past, present or future spouses of
the patient in relation to all claims, including loss of consortium. This agreement is also intended to bind any children of patient whether born or unborn at the time of
the occurrence giving rise to any claim. This agreement is intended to bind the patient and the health care provider and/or licensed health care providers or
preceptorship interns who now or in the future treat the patient while employed by, working or associated with or serving as a backup for the health care provider,
including those working at the health care providers clinic or office or any other clinic or office whether signatories to this form or not.
All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the health care provider, and/or the health care providers associates,
association, cooperation, partnership, employees, agents, and estate must be arbitrated including, without limitation, claims for loss of consortium, wrongful death,
emotional distress, injunctive relief, or punitive damages.
Article 3: Procedures and Applicable Law: A demand for arbitration must be communicated in writing to all parties. Each party shall select an arbitrator within thirty
days and a third arbitrator shall be selected by the arbitrators appointed by the parties within thirty days thereafter. The neutral arbitrator shall then be the sole arbitrator
and shall decide the arbitration. 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, witness fees or other expenses incurred by a party for such party’s
own benefit.
Either party shall have the absolute right to bifurcate the issues of liability and damage upon written request of the neutral arbitrator.
The parties consent to the intervention and joinder in this arbitration of any person or entity that would be a proper additional party in a court action, upon such
intervention and joinder, any existing court action against such additional person or entity shall be stayed pending arbitration.
The parties agree that provisions of the California Medical Injury Compensation Reform Act shall apply to disputes within this arbitration agreement, including, but not
limited to, sections establishing the right to introduce evidence of any amount payable as a benefit to the patient as allowed by law (civil code 3333.1) the limitation on
recovery for non-economic losses (civil code 3333.2) and the right to have a judgment for future damages conformed to periodic payments (ccp 667.7). The parties
further agree that the Commercial Arbitration Rules of the American Arbitration Association shall govern any arbitration conducted pursuant to the arbitration
agreement.
Article 4: General Provision: 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 app lication legal statute of
limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.
Article 5: Revocation: the agreement may be revoked by written notice delivered to the health care provider within 30 days of signature and if not revoked will govern
all professional services received by the patient and all other disputes between the parties.
Article 6: Retroactive Effect: if patient intends this agreement to cover services rendered before the date it is signed (for example, emergency treatment) patient should
initial here._____ Effective as the date of first professional services.
If any provision of this arbitration agreement is 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.
NOTICE; BY SIGNING THIS CONTRACT, YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL
ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF THIS CONTRACT.
Patient Signature: ___________________________________________ Date: _________________
Office Signature: ____________________________________________ Date: _________________