Related Experiment Videos
The unrealized potential of malpractice arbitration
1Duke University School of Law, USA.
Specialty Law Digest. Health Care Law
|December 8, 1996
Summary
Despite commercial arbitration
Area of Science:
- Legal Studies
- Medical Law
Background:
- Commercial arbitration use has grown.
- Medical malpractice claims predominantly use litigation, not arbitration.
Purpose of the Study:
- Examine benefits of medical malpractice arbitration.
- Investigate reasons for its limited adoption.
- Explore future success factors.
Main Methods:
- Literature review of arbitration benefits.
- Analysis of factors hindering adoption (judicial hostility, statute failures, evidence gaps).
- Case studies from Duke Law School's Private Adjudication Center.
Main Results:
- Judicial hostility, ineffective state statutes, and lack of empirical evidence impede medical malpractice arbitration.
- Specific attributes are needed for future success.
Conclusions:
- Medical malpractice arbitration faces significant barriers to widespread adoption.
- Future success depends on addressing identified challenges and implementing specific attributes.