What Forms Are You Signing When Being Admitted to a Hospital? What You Should Know About an Important One
Hospitals in California frequently use a form often called “Conditions of Admission” when a patient is seen in the ER or is being admitted to the hospital. It may be presented to you along with many other documents to read and sign before or during the hospital admission process or emergency room visit. If your child is being admitted, it is presented to the parent or other responsible adult for signature. It is often presented electronically on a laptop.
This form was developed and modified over the years by hospitals, physician groups, and malpractice insurance companies. It is worth a close look before signing. Each hospital may use a different version, but it often contains the following information.
One paragraph of a commonly used form (often the first one) entitled “Arbitration” (or a separate one called “Mutual Arbitration Agreement”) is especially important to you and to the hospital. In essence, this paragraph asks you to waive your right to a jury trial for claims you may have for negligent hospital care.
Why is this paragraph important to you?
In our 45 years of experience, we’ve found that physicians commonly have far less insurance for their own malpractice than do hospitals. Although hospitals typically require physicians on staff to carry insurance for injury caused by their own negligent care, it is often limited to about $1 million. That may sound like a lot, but for the type of injuries we’ve seen over the years — including the cost of 24-hour care to victims of malpractice — it is a pittance.
Many serious cases of medical malpractice, in our experience, involve both the hospital’s negligent care and that of treating physicians. Giving up your right to have all claims (against the hospital and against the physicians) determined by one and the same jury will make it more difficult to prove your case. If you agree to this paragraph, your claim, if any, against the hospital will be determined in private arbitration and not by a jury. A case in arbitration is presented to one person — usually a retired judge or attorney — or occasionally to a panel of three such people. Your claim against physicians would typically be determined separately by a jury. That means you would be compelled to try the case twice — once to a jury and once in arbitration.
Regardless of the outcome of arbitration against the hospital, your subsequent case against the physician(s) will be much more difficult to win. There will be an “empty chair,” i.e., the hospital. The physicians’ attorney will point to and suggest that responsibility belongs there and not to the physician(s).
“Is it ever in the patient’s best interest to sign or initial this paragraph and agree to arbitration as to claims against the hospital?” The answer to that question is: “It depends.”
What does it depend on? If your case is a jury trial in a very conservative county, you may find jurors who are biased against your type of case, or have friends who work at the hospital, or who see your case from a political standpoint. It is something to consider!
If you do not have a jury, at least as to the hospital, you risk having to try the case against the doctors to a jury and separately arbitrate your case against the hospital without a jury. It is very costly. Also, in the jury trial portion, there will be an “empty chair” for the defendant whose responsibility will be or has been determined in arbitration. It might be better, in that circumstance, to try and get the defendant doctor’s attorney to agree to arbitrate along with the hospital. Not great either way.
What to do when presented with the Conditions of Admission form?
Cross out the arbitration paragraph and note “disagree,” and initial where indicated. When you sign the form on the last page, indicate you do not agree to arbitration. Keep a copy of your signed form. If the form is presented to you in an electronic format, like on a laptop, you may have to add your own comment on the issue of arbitration. Ask the clerk to print out the copy you have electronically signed.
Need Help Understanding Your Rights?
If you or a loved one believe a hospital’s admission forms—or an arbitration clause—affected your ability to pursue a medical malpractice claim, our attorneys can help.
We have decades of experience handling complex cases involving hospitals, physicians, and arbitration agreements.