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Medical malpractice arbitration: a primer for Texas physicians

J J Fraser1

  • 1Department of Emergency Medicine, University of Texas-Houston Medical School, Houston 77030, USA.

Texas Medicine
|January 1, 1997
PubMed
Summary

Medical malpractice arbitration programs are underutilized due to various factors. Addressing policy concerns and physician participation is crucial for effective alternative dispute resolution (ADR).

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Area of Science:

  • Medical Law
  • Health Policy
  • Alternative Dispute Resolution

Background:

  • The medical malpractice landscape is shaped by crises and tort reform efforts.
  • Alternative Dispute Resolution (ADR) methods, particularly arbitration, are key components of these reforms.
  • Physician participation in arbitration programs is influenced by factors like the National Practitioner Data Bank.

Purpose of the Study:

  • To review medical malpractice crises and tort reform, focusing on arbitration.
  • To examine state-specific experiences with medical malpractice arbitration programs.
  • To identify policy options for improving ADR utilization in medical malpractice.

Main Methods:

  • Review of existing literature and state-specific experiences with medical malpractice arbitration.
  • Analysis of statutory provisions and public policy implications related to ADR.
  • Examination of factors influencing physician participation in arbitration.

Main Results:

  • Medical malpractice arbitration programs, like Michigan's, often suffer from underutilization.
  • California's experience highlights arbitration use within managed care.
  • Texas's arbitration statute may be perceived as conflicting with public policy, leading to underuse.
  • The National Practitioner Data Bank can discourage physician involvement.

Conclusions:

  • Underutilization of medical malpractice arbitration is a significant issue.
  • State-specific legal and policy frameworks impact ADR effectiveness.
  • Policy adjustments are needed to enhance physician participation and program utilization.

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