Increasingly, arbitrations have become a viable and sometimes preferred alternative for both defendants and plaintiffs in medical malpractice cases. An arbitration can, based on case particulars, offer the best strategy for final resolution of a medical malpractice case. Understanding the process in detail is essential to understanding its best use and application.
Arbitrations are a form of alternative dispute resolution outside the court system. In this form of ADR, the participating parties submit the case to an unbiased third party, who has been selected by agreement of the parties, to review the submitted evidence, hear testimony and make rulings on objections and motions. Ultimately, the intended goal of an arbitration is to have this neutral, acting as the judge and the finder of fact, determine whether the defendant is liable to the plaintiff, and if found liable, determine the amount of the award. If there are a number of defendants, the arbitrator will be called upon to apportion liability.
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