Medical Malpractice Arbitration: Not Business As Usual

8 Yearbook on Arbitration and Mediation 69 (2016)

23 Pages Posted: 6 Jan 2017

See all articles by David Allen Larson

David Allen Larson

Mitchell | Hamline School of Law

Dr. David Dahl, MD

Mitchell Hamline School of Law

Date Written: December 1, 2016

Abstract

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants or service providers are choosing to forgo arbitration and, more importantly, why do they dislike arbitration? And do politics have anything to with their choices? Physicians are not, shall we say, the world’s greatest fans of arbitration. It turns out that regulatory policies and practices, in other words politics, provide one important reason why physicians prefer to avoid arbitration. And there are additional reasons that explain why this particular group of service providers has not followed the “mad rush” to arbitration. This article will explain why at least one group of service providers, physicians, do not regard arbitration as the answer to all of their prayers.

Keywords: arbitration, medical, malpractice, physician, doctor, litigation, trial, jury, consumer, politics, insurance, ADR, contract, license, hospital, accreditation, self image, privacy

JEL Classification: K12, K13, K19, K29, K32, K39, K41, K49, I10, I13, I18, I19, D02, D18, D63, D74, L84, H75

Suggested Citation

Larson, David Allen and Dahl, David, Medical Malpractice Arbitration: Not Business As Usual (December 1, 2016). 8 Yearbook on Arbitration and Mediation 69 (2016). Available at SSRN: https://ssrn.com/abstract=2893462

David Allen Larson (Contact Author)

Mitchell | Hamline School of Law ( email )

875 Summit Avenue
Saint Paul, MN 55105
United States
651-290-6388 (Phone)

HOME PAGE: http://mitchellhamline.edu/biographies/person/david-larson/

David Dahl

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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