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The Future of Binding Arbitration in Medical Malpractice

The Future of Binding Arbitration in Medical Malpractice


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by Thomas B. Metzloff, J.D.
Physicians have long been concerned about medical malpractice lawsuits. It is not the possibility of being held accountable that is troublesomemany physicians believe that if a doctor makes a mistake then the patient is entitled to be compensated for his or her injuries. Rather, what many physicians object to is how the court system goes about determining liability. At the center of their concern is the American constitutional commitment to lay juries and the adversarial process.