By Alex Stein
In my previous post, I outlined the legal framework for arbitrating disputes over medical malpractice. Here, I consider whether arbitration is likely to become a forum of choice for doctors and patients. I believe that this scenario is unlikely.
Here is why:
Doctor-patient relationships are predominantly formed by adhesion contracts that patients sign at the doctor’s office. Whether a doctor and her patient will agree to arbitrate thus depends on the doctor’s decision to include an arbitration clause in the contract. For reasons specified below, I believe doctors will do so on very rare occasions. Read More