Abstract
It may very well be true that Utah's medical community is suffering from a malpractice crisis, but the Utah Legislature should not forget the important fundamental rights that are being waived by individuals who sign medical arbitration agreements. The right to an impartial jury and uninhibited access to courts should be safeguarded with every reasonable precaution. The legislature's decision to eliminate mandatory arbitration was positive, but it did not go far enough. In an upcoming general session, it is critical that predispute medical arbitration agreements be completely prohibited, that patients be provided with both a verbal and written explanation of their rights and obligations, that a sufficient revocation period be reinstated, and a singlearbitrator system be put in place of the three-arbitrator panel. Otherwise, the "take-it-or-leave-it" nature of medical arbitration agreements and the relative unfairness of the current system will likely be handled by the courts as they declare future arbitration agreements unenforceable on the grounds that they are unconscionable and against public policy.
Recommended Citation
2005 ULR 969 (2005)