Utah Med Law

The Deseret News reported that Utah's Health and Human Interim Committee decided Wednesday to extend the medical malpractice arbitration act another 10 years.  It was set to expire in July of 2009.

The act was originally passed in 2004 on the heels of a bill approved in 2003 that allowed doctors to refuse care if a patient did not agree in writing to binding arbitration.  The 2003 law effectively extorts people seeking care.  In essence, doctors wanted patients to sign their arbitration agreement or go get care somewhere else.  This is not too bad at first glance.  However the problem is in the details.  If you refused to sign their agreement and went to find care from a practitioner that did not require signing of an agreement you were left in a desolate landscape.  There were few doctor in the Utah willing to treat you without an arbitration agreement.

You had a well organized group of professionals refusing to perform their jobs in exchange for individuals willing to give up their day in court to seek lawful resolution of medical malpractice claims.  There are arguments on both sides whether arbitration is more cost-effective and faster than traditional court trials.  My impression is that arbitrations are no less expensive than going to court.  Fundamentally there are many things wrong with the arbitration system.

In court the final resolution is meant to be made public.  In this way society is educated about what wrongs are being visited upon their citizens.  Public outcry and public pressure would effect change to address the problems and the harms perpetrated against its fellow citizens.

Arbitration decisions are secret.  This fundamental difference guts the citizenry of their ability to see what is really going on.  Perpetrators of harm  are allowed to continue merrily on their way without public scrutiny. 

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What ever happened to freedom
written by nurse line , March 11, 2009

Anyone ever hear of that piece of paper called the declaration of independence, or what about the bill of rights.?

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Liability or medical malpractice
written by Electronic Medical Records , March 23, 2009

What ever happened to the American Dream and the Bill of Rights. People used to stand up for any wrong doing of the people . Just look at other countries when things go astray.

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