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Law & Health Weekly

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Clinical Orthopedics



Research by M. Sacopulos and colleagues in clinical orthopedics provides new insights



March 7th, 2009

According to recent research from the United States, "The documents patients sign on admission to a medical practice can constitute a legal contract. Medical practices around the country are attempting to use these documents as a prospective defense against medical malpractice claims."

"Protective contractual provisions are often attacked on grounds that they are legally void as a result of unconscionability. Widespread use of arbitration clauses have been met with mixed success. Arbitration clauses that limit damages available in medical negligence cases have been stricken in some states as having provisions that impose excessive entry costs on a patient starting the...


Source: Law & Health Weekly (2009-03-07)

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