Why Arbitration? Leveling The Playing Field For The DOCTOR.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

The traditional path to resolving a dispute is litigation. Arbitration is an alternate way to resolve such disputes.

Arbitration takes place thousands of times a day in the US. It is a way for each side to quickly resolve a potential dispute. It is used for small cases. It is used for big cases – involving millions and even billions of dollars. A person is not giving up his right to resolve a dispute. He is exchanging his right to trial by jury and the right to appeal with a simpler, less formal, expedited process. It’s a change in venue and the rules associated with that venue. Arbitration has been used this way since 1925 when the Federal Arbitration Act was passed.

So, why arbitration? In my estimation, both doctors and patients benefit.

1. Quicker resolution and easier to schedule.

Trials must be scheduled into court calendars, often backlogged with hundreds of cases in front. Arbitration hearings can conveniently be scheduled based on the availability of the parties and the arbitrator.

2. Less complicated. Simplified rules of evidence and procedure.

Litigation inevitably leads down a long path of filing papers and motions, and attending court processes such as motion hearings. Discovery, the time-consuming and expensive procedure that involves taking and answering interrogatories, depositions, and requests to produce documents, are largely reduced in arbitration. Instead, most matters, such as who will be called as a witness and what documents must be produced, handled with simple phone calls with the arbitrator.

3. Privacy

Unlike a trial, arbitration leads to a private resolution, so the information brought up in the dispute and resolution can be kept confidential. This is very important for physicians and patients.

4. Impartiality: Choosing the “judge”

The parties to the dispute usually pick the arbitrator together, so the arbitrator will be someone that both sides have confidence will be impartial and unbiased.

5. Usually less expensive

Most of the time arbitration is less expensive than litigation. Arbitration is often resolved much more quickly than court proceedings, so attorney fees are reduced. Also, there are lower costs preparing for the arbitration than there are preparing for a jury trial.

To set up arbitration for success, the two parties agree to the process before there’s a dispute. In a physician’s practice, an arbitration agreement would be signed by the patient on first being accepted into the practice, or perhaps before scheduling surgery.

Arbitration agreements must be custom drafted based on your state. And they should be up to date. The law and rules change over time. You do not want to rely on a cut and paste document when it matters the most.

What do you think?

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.