Monday, July 25, 2011

Emedinews - Insight on medicolegal issues: What is a Medical negligence Arbitration Agreement?



 In addition to expert testimony, include medical textbooks and other published medical data. The admissibility of such evidence as proof of the standard of care varies among jurisdictions. Medical texts or treatises may be effectively used to cross-examine the adverse medical expert
• A physician or an institution may privately, or pursuant to legislation enter into an agreement with a patient to arbitrate a medical malpractice claim. The purpose of the agreement is to avoid litigation, and not to avoid liability.
• Arbitration is merely an alternative to a full-blown litigation. An agreement to arbitrate a medical malpractice claim, particularly one that follows statutory procedure, is generally enforceable because it does not violate due process and is constitutional.
• If an agreement to arbitrate is accepted by the parties, basic requirements of due process must be met, and there must be a fair composition of the tribunal or arbiters.

(Ref: American College Of Legal Medicine, The Medical Malpractice Survival Handbook) 

(Contributed by Dr Sudhir Gupta)





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