Insights
Professional Liability Principal Amalia Romanowicz Examines Arbitration in Medical Malpractice Cases for The Legal Intelligencer's ADR Supplement
In The Legal Intelligencer's January 2015 Alternative Dispute Resolution (ADR) Supplement, Professional Liability Defense Principal Amalia V. Romanowicz looks at the increasing use of arbitration in medical malpractice cases in Pennsylvania.
Ms. Romanowicz notes in her article that no one case element identifies a matter for arbitration, rather, a number of factors may make the case appropriate for consideration. They include the complexity of medical facts, causation issues in a matter with good liability, and the anticipated length of a trial, among others.
She goes on to explain:
"In most and likely all arbitrations involving allegations of medical malpractice, the parties have negotiated the parameters of the process. High-low binding arbitrations have become the normal manner for this type of ADR process, and the parties negotiate the monetary payment to be made based on the arbitrator’s findings. This technique (binding high-low arbitration) precludes the possibility of appeals (all parties would agree, however, that an arbitrator’s award could only be set aside for grounds and procedures provided in 42 Pa. C.S. §7341- 7342 for common law arbitrations) and delay damages, if those parameters are negotiated as part of the agreement."
