Medical Malpractice, Wrongful Death & Forced Arbitration

Arbitration & Medical Malpractice In Utah

In the personal injury and wrongful death context, arbitration provisions are most likely to come up in the medical malpractice cases. Patients often unknowingly agree to arbitration while signing the stack of paperwork the first time they visit a healthcare provider. These arbitration provisions bind the patient to go through arbitration, a pay-to-play and very expensive alternative to our tax funded courts. Further, arbitrations are usually private and confidential and, as such, prevent the public from even knowing that a physician, hospital or clinic has been named, perhaps yet again, as a bad actor and committed medical malpractice.

Arbitration Provisions – Canned Justice

Forced arbitration is considered by many as a dire and growing threat to our constitutional right to an open and unbiased hearing in court. Yet most Americans have never even heard of it. Take a minute and learn how this issue effects all of us.


80% Upheld
Forced arbitration clauses with class-action waivers were upheld in 132 out of 164 federal cases in 2014,preventing Americans from taking on big companies for predatory lending, wage theft and discrimination.

3 of 4 Unaware
A 2015 study found that three out of four consumers didn’t know if they were subject to a forced arbitration clause, and less than 7 percent were aware that they were stripped of their right to go to court.

30 Million
An estimated 15 to 25 percent of U.S. employers use forced arbitration in employment contracts, which means more than 30 million employees have given up their right to go to court.

Peter Summerill

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