Expert Advice When You Need It Most

Both my dentist and I prefer mediation. Am I better off with Arbitration or a Lawsuit to guarantee collection?

Can a binding agreement be made to collect from malpractice insurance in mediation? Are there other options to guarantee collection from a mediation agreement? There's an arbitration agreement in my dental records, but the Dr. didn't sign it. A lawsuit may also be an option. I can document malpractice, and that a refund for services not provided is due, while the amount of the refund is contested. I'm most concerned about ability/willingness to pay the settlement. What's my best option?

Save

Attorney answers (2)

Reputation Level 20
If you have a binding agreement for arbitration or mediation (which are different procedures) but your dentist never signed it, you might not be bound if he isn't. And in that case, civil litigation for medical/dental malpractice and breach of contract may be an option.

Nothing guarantees collection, since getting a judgment and collecting it are two different things.

If you make any kind of claim against this dentist, he'll probably submit it to his malpractice insurer, if he's got one. They could a settle with you or hire a lawyer to fight it.

It sounds like you think you have a claims for negligence (malpractic, work performed below the standard of care) , and breach of oral contract for the refund. Depending on the type of liablity and amount of damages, you're probably best off, if you can find a med mal lawyer to take your case, is to sue in court, as juries are known to be more generous than arbitrators and mediators, and the dentist will be concerned about the negative publicity.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
2 people marked this answer as good

Reputation Level 10
If there is a binding arbitration agreement then once an arbitration award is entered you can have it entered as a judgment in the court with proper jurisdiction.

Once entered as a judgment you can institute collection proceedings. If you enter a settlement agreement include withit a stipulation for judgment that can be entered as a final judgment for failure to pay under the terms of the settlement.

Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now