Arbitration Clauses in Medical Consent Forms

What Is This Red Flag?

An arbitration clause is a section in a consent form that says you agree to settle any future disputes through a private arbitration process instead of going to court. This means if something goes wrong during your care — a surgical error, a misdiagnosis, or a billing dispute — you cannot file a lawsuit or have your case heard by a jury. Instead, a private arbitrator (usually chosen by the medical provider) will decide the outcome.

These clauses are legal in many states, but they are not required for you to receive medical care. Hospitals and clinics include them because arbitration is typically faster and cheaper for the provider, and the results are almost always confidential. That secrecy can work against patients because it prevents the public from learning about patterns of negligence.

Some states have specific protections. In Michigan, for example, patients who sign an arbitration agreement have 60 days to revoke it in writing. Other states require the clause to be on a separate page or require the provider to clearly explain what you are giving up.

The key thing to understand is this: signing an arbitration clause is almost never a condition of receiving treatment. If a front-desk staff member tells you that you must sign it, politely ask to speak with a supervisor or simply cross out that section before signing. You have the right to refuse this clause and still receive care.

What It Looks Like in Your Form

Here are examples of language you might see in a consent form. If something similar appears in yours, pay close attention.

What to Look For

• ✓"binding arbitration" or "mandatory arbitration"
• ✓"waive right to trial" or "waive right to jury"
• ✓"disputes shall be resolved through arbitration"
• ✓"not subject to appeal" or "final and binding"
• ✓"American Arbitration Association" or similar organization names
• ✓Any mention of giving up the right to file a lawsuit

What You Can Do About It

First, know that you almost always have the right to refuse an arbitration clause and still receive care. If a receptionist says otherwise, ask to speak with a supervisor or the office manager. You can draw a line through the arbitration section, write "declined" next to it, and initial it before signing the rest of the form.

If you have already signed an arbitration agreement, check your state's laws. Some states, like Michigan, give you a set number of days (60 days in Michigan) to revoke the agreement in writing. Send a certified letter to the provider's office clearly stating that you are revoking the arbitration agreement.

Before any procedure, read the consent form carefully at home if possible — ask the office to send it ahead of time. If you feel pressured, it is perfectly acceptable to say, "I need more time to review this before I sign." A trustworthy provider will respect that request.

Questions to Ask Your Doctor

1. 1Is signing the arbitration clause required for me to receive treatment today?
2. 2Can I cross out the arbitration section and still be treated?
3. 3If I sign this, do I have a window of time to change my mind?
4. 4Who chooses the arbitrator if a dispute happens?
5. 5Will I still be able to get a copy of my medical records if there is a dispute?