Arbitration rule is unfair

In the past few days, many, if not most, of your readers have received a "Dear Patient" letter from Intermountain Health Care informing them that they will no longer receive services from IHC unless they agree in advance to give up their right to a jury trial of any potential medical malpractice claim they might have in the future. Friends and colleagues have asked me how this requirement can be legal. They are alarmed.

I tell them that forced medical arbitration is legal in Utah courtesy of a very short-sighted legislative response to the medical industry's vociferous and vocal attack on the courts. Doctors and hospitals point to large malpractice verdicts in other states and say that you, the Utah citizen on the Utah jury, are "irresponsible." Doctors and hospitals will never acknowledge that the vast majority of malpractice claims in Utah (and elsewhere) are settled before trial.

As a physician, I believe that doctors and hospitals that force patients to choose between arbitration or treatment are wrong, unethical and uncaring. As a lawyer, I believe that forced medical arbitration harms citizens and is contrary to law and fundamental principles of fairness. As a patient, I am incensed that I am forced to give up a basic right to receive medical treatment.

When you don't get answers to your questions, I suggest you follow the instructions in the arbitration agreement and withdraw your consent within the 30 days allowed. Do this every time you are required to sign the agreement. Do it repeatedly. Pretty soon, the medical industry will get the message: Clean up your act, and don't do it at our expense.

Clark Newhall

Salt Lake City