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Physician Patient Arbitration Agreement Template for Malaysia

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Key Requirements PROMPT example:

Physician Patient Arbitration Agreement

"I need a Physician Patient Arbitration Agreement for my new private medical practice in Kuala Lumpur, which will open in March 2025, covering general practice services with potential virtual consultations, and I want to ensure it includes provisions for both in-person and online dispute resolution."

Document background
The Physician Patient Arbitration Agreement is a critical document used in Malaysian medical practice to establish an alternative dispute resolution mechanism between healthcare providers and their patients. This agreement becomes relevant when medical practitioners or healthcare facilities wish to implement a structured approach to handling potential disputes while maintaining professional relationships and confidentiality. It must comply with both the Malaysian Arbitration Act 2005 and healthcare regulations, including the Medical Act 1971. The document typically includes detailed provisions about the arbitration process, scope of covered medical services, cost allocation, and patient rights, while ensuring transparency and fairness in the dispute resolution process. It's particularly important for private healthcare facilities and medical practices seeking to manage risk and maintain efficient dispute resolution procedures.
Suggested Sections

1. Parties: Identifies the physician/medical practice and patient, including their full legal names and addresses

2. Background: Explains the context of the physician-patient relationship and the purpose of entering into an arbitration agreement

3. Definitions: Defines key terms used in the agreement including 'arbitration', 'medical services', 'dispute', 'claim', and other relevant terms

4. Agreement to Arbitrate: Core provision stating both parties' agreement to submit disputes to arbitration and the scope of matters covered

5. Arbitration Process: Details of how the arbitration will be conducted, including arbitrator selection and applicable rules

6. Costs and Fees: Allocation of arbitration costs and fees between parties

7. Rights Preserved: Clarification that the agreement doesn't limit patient's right to quality medical care or ability to file complaints with regulatory bodies

8. Confidentiality: Provisions ensuring confidentiality of medical information and arbitration proceedings

9. Revocation Rights: Patient's right to revoke the agreement within a specified timeframe

10. Governing Law: Specifies Malaysian law as governing law and references relevant legislation

11. Execution: Signature blocks and attestation requirements

Optional Sections

1. Language of Arbitration: Specifies the language(s) to be used in arbitration proceedings - relevant when parties speak different languages

2. Emergency Medical Care: Clarifies that emergency medical care is not conditional on signing the arbitration agreement

3. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

4. Multiple Physicians: Used when the agreement covers multiple physicians in a practice

5. Insurance Coverage: Addresses interaction with medical insurance coverage and claims

6. Virtual Proceedings: Provisions for conducting arbitration virtually - relevant for remote locations or pandemic situations

Suggested Schedules

1. Schedule A - Covered Medical Services: Detailed list of medical services covered by the arbitration agreement

2. Schedule B - Arbitration Rules and Procedures: Specific rules and procedures for the arbitration process

3. Schedule C - Fee Schedule: Breakdown of arbitration costs and fee structures

4. Appendix 1 - Patient Rights Notice: Mandatory notice explaining patient's rights and implications of signing the agreement

5. Appendix 2 - Revocation Form: Standard form for patients to revoke the arbitration agreement within the allowed period

6. Appendix 3 - Consent Forms: Additional consent forms required by Malaysian medical regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















Clauses

























Relevant Industries

Healthcare

Medical Services

Private Healthcare

Alternative Dispute Resolution

Legal Services

Insurance

Healthcare Administration

Medical Practice Management

Healthcare Compliance

Risk Management

Relevant Teams

Legal

Compliance

Risk Management

Medical Administration

Patient Relations

Quality Assurance

Operations

Clinical Services

Medical Records

Healthcare Operations

Dispute Resolution

Relevant Roles

Medical Director

Hospital Administrator

Healthcare Facility Manager

Legal Counsel

Compliance Officer

Risk Manager

Medical Practice Manager

Healthcare Operations Director

Patient Relations Manager

Quality Assurance Manager

Medical Records Manager

Healthcare Legal Administrator

Clinical Services Director

Private Practice Physician

Healthcare Compliance Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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