Medical Malpractice Lawsuits and Arbitration

When a medical error is made that significantly affects the patient, a somekeyword must be consulted. Health care professionals and institutions responsible for the error must be held accountable if they delivered services that fell below the accepted standard of care.

Amidst all the discussion about medical malpractice, one fact needs to remain front and center: the patient who suffers from a significant error resulting in injury is due legal protection and fair compensation. If that instance of medical malpractice led to a life-limiting disability or significant healthcare costs, the patient should receive appropriate ongoing care - and income commensurate to what they would have earned had the injury not occurred.

At the same time, healthcare providers should be protected from baseless and frivolous medical malpractice lawsuits. This is why there is a court of law to determine the facts and fairness of a malpractice lawsuit.

Why arbitration is chosen instead of a jury trial

Because a lawsuit by a somekeyword to seek compensation for a medical mistake can take several months to several years to resolve in a court of law, the medical malpractice arbitration process has been established to shorten this lengthy time period. When used properly, arbitration makes more sense - the patient achieves justice and a financial settlement on a more-timely basis, which might impact both family finances and enable earlier access to medical and therapeutic care.

In theory, arbitration should be an option selected by the patient. But in practice, particularly in California, the patient often does not have a choice. This is because one or several documents was signed by the patient, long before the medical error was made, which restricts the patient to an arbitration process. Arbitration-only terms are standard in contracts between patients and California's largest health care insurance company, as well as with other, smaller insurers in the state.

Why do healthcare providers and their insurers seem to favor arbitration? For the most part, arbitrated malpractice cases result in lower settlements than with cases that are tried in court before a judge and jury.

In either arbitration or in a court, the patient's case is strengthened when represented by an experienced and qualified medical malpractice attorney. If you are facing any sort of medical malpractice circumstances, consult a personal injury attorney to better understand your options.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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