The Role of Arbitration in Washington Med Mal and Injury Disputes

Most types of court cases have declined across Washington in recent years. Many factors play a role here, but one of the most interesting is the increase in arbitration that doesn’t involve going to court.

Having fewer court cases means potential benefits for some litigants. For instance, it might mean less of a backlog for the court, so a trial can get underway faster. However, arbitration itself is not without its potential drawbacks, particularly in medical malpractice and injury disputes.

While not having to deal with the hassle of a trial might sound like a simpler, faster way to resolve a dispute, arbitration doesn’t always favor the patient or the injured party.

In fact, you may not have even realized you agreed to it. Arbitration clauses are often buried in fine print. You’ll find them snuck into healthcare paperwork, insurance policies, or nursing home contracts. They can have a huge impact on your case, and in many situations, you might not have much of a choice.

In this article, we’ll break down what arbitration is, how it works in Washington, when you can (or can’t) challenge it, and why it’s so important to work with an experienced injury lawyer if you’re facing arbitration in a personal injury or medical malpractice case.

What is arbitration?

Arbitration is a form of alternative dispute resolution (ADR). That just means it’s a way to settle legal disputes outside of court. Instead of going before a judge and jury, both sides present their case to a neutral third-party arbitrator (or panel), who then makes a decision. That decision is typically binding, meaning it’s final, just like a court ruling.

While arbitration is sometimes voluntary, in many cases it’s forced. That means you’ve signed a contract (often without realizing it) that says you agree to resolve any future legal disputes through arbitration instead of through a lawsuit.

Where you’ll usually see arbitration clauses

You might be surprised how often you agree to arbitration without even realizing it. These clauses are tucked into things like:

• Hospital or clinic intake forms
• Health insurance policies
• Nursing home and assisted living contracts
• Employment agreements with healthcare providers
• Insurance claim paperwork

They’re usually written in legalese rather than plain English. If you’re like most people, you signed the form just trying to get the care or coverage you needed, without realizing you were giving up your right to a jury trial.

Pros and cons of arbitration in injury and med mal cases

Let’s be clear: arbitration isn’t always a bad thing. In some situations, it can save you time and money. However, when you’re the injured party, arbitration can also limit your rights and shift the balance of power.

Here’s a closer look at the upsides and downsides.

Pros:

• Faster resolution – Arbitration usually takes less time than a court trial.
• Lower costs – There’s usually less discovery, fewer motions, and no drawn-out hearings.
• Privacy – Arbitration isn’t public like a court case. That might matter if you’re dealing with sensitive medical issues.
• Finality – There’s no lengthy appeals process here. You get a decision, and it’s over.

Cons:

• No jury – One of the biggest downsides is that you lose the chance to have your case heard by a jury of your peers (one of the most important rights of an American citizen).
• Less discovery – You might not be able to find all the evidence you need, especially in complex malpractice cases.
• Potential bias – Some arbitrators work regularly with hospitals or insurance companies. That can make neutrality feel questionable at best.
• Limited right to appeal – Even if the arbitrator gets it wrong, your right to appeal is pretty limited.
• Secret outcomes – Since arbitration is private, healthcare institutions can avoid public accountability, even when they’ve seriously harmed someone.

Why it matters in medical malpractice claims

Medical malpractice cases turn on expert testimony, extensive documentation, and longer timelines that give you time to find evidence, talk to experts, and more.

Unfortunately, arbitration can mean that you don’t get that time. Hospitals and healthcare systems prefer arbitration because it:

• Limits their financial exposure
• Keeps bad press out of the public eye
• Prevents jury sympathy for the injured patient
• Reduces legal costs

And remember, if you signed a consent form with an arbitration clause, they’ll likely try to enforce it, even if the harm you suffered was severe.

Can you fight a forced arbitration clause in Washington?

In some cases, yes, but it depends.

Washington courts generally uphold arbitration agreements if they’re clearly written, fairly presented, and don’t violate public policy. That said, you may be able to challenge one if:

• The clause was hidden in fine print or buried in paperwork you didn’t understand.
• You were in distress or under pressure when you signed (such as in an ER setting).
• The agreement is unconscionable, meaning it’s grossly unfair or one-sided.
• You didn’t knowingly waive your rights, especially if the clause wasn’t explained.

For example, Washington courts have sometimes ruled that patients must receive a meaningful opportunity to understand and agree to arbitration before it can be enforced.

Still, challenging arbitration clauses isn’t easy. Hospitals and insurers have the advantage over patients and their families. That’s why it’s so important to work with an experienced injury lawyer who understands the nuances of Washington contract and consumer protection law.

When arbitration might still be the best option

Every case is different. In some situations, even an injury lawyer might recommend arbitration. That’s particularly true if:

• Your damages are relatively modest, and a trial would cost more than it’s worth.
• You need a faster resolution to cover medical bills or move on with your life.
• The arbitrator is truly neutral, and the process is transparent.

The largest consideration here is whether you’re choosing arbitration or being forced into it without understanding the risks. If you’re being strong-armed rather than making an informed choice of your own volition, arbitration is probably the wrong option.

How injury lawyers help level the playing field

Facing a mandatory arbitration clause? Considering arbitration as an option? An experienced injury lawyer can help you:

• Review contracts and spot enforceable (or unenforceable) arbitration terms.
• Negotiate better terms before arbitration begins.
• Challenge unfair clauses in court.
• Prepare your case to meet the rules and procedures of arbitration.
• Present strong evidence and arguments to the arbitrator.

What if your injury wasn’t covered by the clause?

Sometimes, arbitration clauses only apply to certain types of claims or only to disputes with specific providers. If your injury falls outside the scope of what’s covered, you may still be able to file a traditional lawsuit.

That’s why it’s so important to have a lawyer review all the documentation related to your injury, treatment, and care providers. There may be more legal options available than you realize.

Don’t let fine print take away your rights

You shouldn’t have to read legalese just to get medical care. But arbitration clauses are everywhere, and they can seriously limit your options when something goes wrong.

If you’ve been hurt and are being pushed into arbitration, don’t assume it’s your only choice. A knowledgeable injury lawyer can walk you through your rights. Contact Smith McBroom Injury and Accident Lawyers today to schedule a consultation.