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Re: Patient Arbitration Pacts Are Alarming AttorneysFrom: SmartOB (dr_csbloom@yahoo.com)Sat Mar 29 06:35:58 2008
What is total nonsense? Arbitration benefits those practicing medicine. I worked for a very large medical group in southern California 10 - 15 years ago that had a mandatory binding arbitration agreement. The only cases lost were the ones that had clear merit. Arbitrators are much more informed and more like your peers than the standard jury fielded by the current judicial system. Malpractice attorneys are less likely to take a case with little or no merit if they know they have to go through arbitration. Awards, when justified, tend to be more fair and reasonable. In that sense, arbitrators are a step forward. I assume you are referring to the legal system based on TORT when you say that the system is FUBAR. The entire medical system is much too broad a subject to be included in this discussion. Regarding the TORT legal system, the goal is to strike a balance between protecting the rights of the medical providers and those receiving care. Arbitrators level the playing field and help to strike that balance. I would much rather stand in judgment before a group of knowledgeable arbitrators than the typical jury I have seen in court. I never said that arbitrators would fix the entire system, just that they would make it better. Arguments to the contrary with no evidence to back it up, is nonsense. Charles Bloom, MD -----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Dr Eberhard W Lisse Sent: Saturday, March 29, 2008 2:41 AM To: Multiple recipients of list OB-GYN-L Subject: Re: Patient Arbitration Pacts Are Alarming Attorneys That is of course total nonsense. It's the system that is FUBAR. BTW, in NZ there is mandatory, no fault, arbitration if I am not mistaken. el
On Mar 29, 2008, at 01:05, SmartOB wrote:
> Malpractice attorneys should probably all be replaced by
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