- Eliminates trial by jury.
- State law favors arbitration.
- Punitive damages are waived.
- Forum to resolve bad faith claims.
- Court approved it in August 2004.
- Significant reduction in fees.
- 99% of the patients are signing it.
- Solution to a complex problem.
Facts and Laws
Benefits are subject to change based on the ultimate facts and law in any given case. Click below to view full list of benefits from using the Knecht Medical Arbitration Agreement.
Orthopedic Surgeon
“Since lawyers have been serving as arbitrators in legal malpractice claims against their fellow lawyers for years, it’s about time that we started doing the same.”
– Michael Zeide, M.D.
Pediatric Orthopedic Surgeon
“The court approved my Knecht Medical Arbitration Agreement after I refused to perform surgery without it.”
– Bret Baynham, M.D.
Orthopedic Surgeon
“The medical issues are finally being decided by three physicians in my area of expertise instead of a jury.”
– Michael Leighton, M.D.
National Organizations
Legal Basis
What is the legal basis for arbitration?
Generally, arbitration is based on either:
- A written agreement or contract between the parties.
- A state or federal statute.
Knecht Medical Arbitration Agreement
The Knecht Medical Arbitration Agreement is simply an agreement between the patient and physician over how to resolve their differences in the event of a medical malpractice claim.
Since the parties have a constitutional right to agree on the process and forum to resolve their differences:
- They simply decide in advance on binding arbitration instead of a jury trial in court.
- They simply agree to use three qualified physicians in your area of expertise to decide whether there is malpractice instead of the jury or attorneys.
The Knecht Medical Arbitration Agreement:
- 99% of the patient’s are signing it.
- The court ruled in August 2004 that
- a minor patient and his parents were bound by the Knecht Medical Arbitration Agreement since it was in the minor patient’s best interest.
- It is proprietary and subject to federal intellectual property protection.
Spine Surgeon
“You can not afford to practice medicine without it.”
Orthopedic Surgeon
“We finally have something that works.”
Spine Surgeon
“My patients have embraced it.”
Orthopedic Surgeon
“The medical issues are finally being decided by three physicians in my area of expertise instead of a jury.”
Orthopedic Surgeon
“Since lawyers have been serving as arbitrators in legal malpractice claims against their fellow lawyers for years, it’s about time that we started doing the same.”
Pediatric Orthopedic Surgeon
“The court approved my Knecht Medical Arbitration Agreement after I refused to perform surgery without it.”