If my patient signed an arbitration clause, am I safe from lawsuits?

June 1, 2001

Can I get my patient to arbitrate rather than sue me? Unfortunately, Dr. James misdiagnosed a malignant melanoma in a patient he sees through a local HMO. The undiagnosed melanoma eventually metastasized and led to the death of his patient. Because Dr. James sees HMO patients as part of a large cosmetic practice, he tends to significantly limit the number of such patients that he sees as well as delay their appointments for weeks to months.