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Arbitration Is Good Alternative to Jury Trials.
SAN DIEGO -- When facing a malpractice lawsuit, consider binding arbitration instead of a traditional jury trial, Kenneth Zuetel advised at the annual meeting of the American Academy of Cosmetic Surgery.
But don't expect your defense lawyer to bring up arbitration as an option "because cases before a jury generally generate about three times the attorney's fees as the same case in arbitration," noted Mr. Zuetel, a Pasadena, Calif.-based lawyer who specializes in health care law.
Binding arbitration allows for parties in a lawsuit to choose a trier-of-fact--usually a retired judge--instead of a jury to determine the lawsuit's outcome. Mr. Zuetel discussed the following reasons why physicians should consider arbitration:
* It's confidential. An arbitration hearing is a private proceeding that usually takes place before arbitrators in a conference room, away from the public and the press. "I'm sure no one likes bad publicity or bad press," Mr. Zuetel said. "It can cost you not only a patient, but, perhaps, even your entire practice."
* It's convenient. In a jury trial, you're at the mercy of the court system. In arbitration, he said, you start and stop on ...
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