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Medical Malpractice: Alternatives to Litigation

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Report Type Reports and Testimonies
Report Date Jan. 10, 1992
Report No. HRD-92-28
Subject
Summary:

Critics say the litigation system for resolving medical malpractice claims is flawed. Claims take a long time to be resolved, legal costs are high, and settlements and awards are unpredictable. In addition, many legitimate claims may never reach the courts. Frustrated by the litigation system and its impact on the costs of medical malpractice insurance, several states have passed laws establishing alternatives to litigation. This report describes voluntary arbitration, as well as other alternatives available in other states and from two private-sector health maintenance organizations--including mandatory arbitration, no-fault programs, and assessing compliance with approved standards of care.

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