Re: Patient Arbitration Pacts Are Alarming Attorneys
From: chellaram@pol.net
Sat Mar 29 12:34:01 2008
This is important as OB is becoming less attractive.
Hopefully, this could serve as an example to other branch of medicine.
R. Chellaram M.D.
> 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
>> arbitrators. The
>> practice of medicine would be greatly improved if they did.
>>
>> Charles Bloom, MD
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