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Using voluntary binding arbitration in a medical malpractice case

On Behalf of | Jun 20, 2023 | Arbitration

Medical malpractice cases can be complex and emotionally charged, often involving patients who have suffered harm and healthcare professionals who face potential legal consequences for substandard approaches to care.

In recent years, alternative dispute resolution methods such as arbitration have gained traction as a viable alternative to traditional litigation in medical malpractice cases. Here are some of the key benefits associated with this approach:

Fairness in decision-making

Arbitration offers a fair and impartial platform for resolving medical malpractice disputes. Unlike a courtroom setting, where juries may lack specialized medical knowledge, arbitrators in medical malpractice cases are typically experienced in the field. These arbitrators, often healthcare professionals themselves, possess the necessary knowledge to understand complex medical issues involved in a case. Their expertise helps to ensure a more accurate assessment of the facts, allowing for fairer decisions.

Confidentiality and reputational protection

Arbitration proceedings are generally confidential, safeguarding the privacy of both parties involved. This privacy protection can be particularly beneficial for healthcare providers, as it helps prevent damage to their professional reputation – even if the outcome of the case is not in their favor. In contrast, courtroom trials are open to the public, exposing the parties to increased scrutiny and potential reputational harm.

Efficiency and timeliness

One of the primary advantages of arbitration in medical malpractice cases is its efficiency. Traditional litigation can be a lengthy and time-consuming process, often dragging on for years due to crowded court dockets and procedural complexities. This becomes a drain to litigants on both sides of the equation.

By contrast, arbitration proceedings are typically faster and more streamlined. Parties can agree on a timeline that suits their needs, and arbitrators can focus solely on the case at hand – without all the delays associated with crowded court schedules. For patients, it means a quicker resolution, allowing them to receive much-needed compensation sooner and move forward with their lives. For healthcare providers, it offers timely closure, enabling them to focus on their practice and careers without distractions.

As alternative dispute resolution methods continue to evolve, arbitration stands out as a compelling choice for resolving medical malpractice disputes in a fair and efficient manner.