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LEGAL
EASE
funds (odds are high that you do), you may have this option now. It’s hard to badger a doctor with endless, invasive discovery. I think
Here’s my take on it. I lean towards it provided you get the right that, on balance, arbitration will favor most doctors. And, aside
from malpractice, arbitration clauses can be used to resolve many
type of arbitration clause drafted by a crackerjack attorney with other patient disputes (no, not the TMB).
the input of a seasoned malpractice defense attorney.
So, borrowing from the drug companies’ TV ads which say “is
You can’t make this decision on your own. You must have a dis- “X” drug right for you? Ask your doctor,” you need to ask your
cussion with your insurance company to see if they’ll agree to it. attorney and insurer if arbitration is right for you. There may be
There are reasons they may want to manage your claims in the ju- compelling reasons they think not, in which case you should defer
dicial system rather than arbitration. For example, if you’re in ar- to them. But they may also look at your practice and wonder why
bitration, you may lose your right to get the case dismissed because they didn’t think of it first.
the other side failed to file a proper expert report in 120 days. Or,
you may lose the statutory caps on damages. Or, the right to review George F. “Rick” Evans Jr., is the founding partner of
in higher courts if the arbitrator gets it wrong. Or, a conservative Evans, Rowe & Holbrook. A graduate of Marshall Col-
jury if you live in a conservative county. lege of Law, his practice for 36 years has been exclusively
dedicated to the representation of physicians and other
This isn’t a black-and-white decision but I think you need to healthcare providers. Mr. Evans is the BCMS general counsel.
look at this very hard with the advice of some top-notch attorneys
and your insurer. Arbitration isn’t a panacea but the plaintiff ’s bar
didn’t fight arbitration so hard during the last round of tort reform
for nothing. It’s harder to get emotionally laden, runaway verdicts.
visit us at www.bcms.org 29
