Not only does this policy raise serious issues about accountability, but it may also be in conflict with the Patient Protection and Affordable Care Act.” For a healthcare provider to make such a sweeping determination will likely be tested in the courts if this policy is pursued and becomes a rule that patients must follow if they want care by that hospital network. “Generally, it is left to the courts to decide what courses of action a patient or anyone has if their legal rights are violated. McNulty, head of the class action practice at Clifford Law Offices, a personal injury and wrongful death firm based in Chicago. “This action by Northwestern Medicine is quite unusual,” said Shannon M. Northwestern announced that patients also could pursue a claim in small claims court where a judge, not a jury, would decide the matter. If patients have a dispute resolved by a private arbitrator, the outcome is final and is confidential. Negligence should be determined by a jury along with any damages that occurred.” If Northwestern or its representatives or agents give negligent advice to patients via the website, it should be treated just like any other communication to the patient. “Patients and their families do not even know if a dispute exists or the extent of any damages until something devastating or permanent has occurred. Hebeisen, partner and head of medical malpractice at Clifford Law Offices. “This is not fair to patients,” said Keith A. Northwestern did not reveal how many patients utilize the online M圜hart program. Patients reportedly learned of the issue via a pop-up in December, 2018, that appeared when opening M圜hart, the network’s online program. This unilateral decision came as quite a surprise to patients who had no input. That means that by agreeing to be a patient of a doctor affiliated with this practice group, and consenting to use of the Northwestern patient portal, the patient would not be allowed to pursue individual litigation or a class action in a court with a judge and jury, if harmed by invasion of privacy or other related issues even if negligence were to have occurred. Northwestern Medicine, one of the largest hospital networks in the Chicago area, announced that patients who wish to communicate with their doctors online or utilize its digital services for appointments, test results, medication refills, and other health-care related activities will be limited to arbitration as a remedy. McNulty, Partners at Clifford Law Offices.
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