Use Of Binding Arbitration To Resolve Medical Malpractice Claims Has Increased

Main Category: Litigation / Medical Malpractice
Article Date: 13 Feb 2008 - 12:00 PDT

email to a friend   printer friendly   opinions  

The use of binding arbitration, rather than the court system, to resolve medical malpractice claims has become more common, the Philadelphia Inquirer reports. According to the Inquirer, supporters maintain that binding arbitration is "faster, cheaper and fairer than trials," but opponents "say the secretive system can be weighted against consumers" and it can be "harder to track complaints or build legal precedents" through arbitration.

Many physicians on the West Coast have begun to ask patients to sign binding arbitration agreements, and the trend has begun to spread nationwide, according to legal experts. In addition, many nursing homes ask patients to sign such agreements, experts said. Eugene Rosov, who operates two malpractice insurers that recommend such agreements, said, "This agreement is better for doctors and for patients," adding, "The only person it's bad for is the plaintiffs' attorneys" (Burling, Philadelphia Inquirer, 2/10).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation© 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

• Additional
• References
• Citations