Since the treatment error insurance company is owned by a doctor, there are fears of making arbitration the kick-off of a doctor-patient relationship. It can be extremely difficult to identify an arbitration agreement or clause, especially when it is buried in long papers for surgical admission, new patient or care forms. One or two example sentences to look for might look like this: the right to a jury trial is a “fundamental” constitutional right. Even Congress cannot pass a law that waives a “fundamental” right unless it can demonstrate that there is an “imperative governmental interest,” that the law is narrowly designed to achieve that interest, and that there is no less restrictive alternative. Tell me what allows a doctor to do what no legislator can do. The American Association for Justice urges lawmakers to take action and reverse the laws that allow these harmful arbitration clauses. . . .