Medical Malpractice Arbitration

Currently, medical malpractice litigation takes too long, costs too much, is unavailable for some legitimate claims, casts too broad a net, and doesn’t efficiently dispense of bogus claims. To address those concerns, I propose that Utah should consider reform along the following lines.

Establish an arbitration system for smaller claims (under $500,000);

Appoint a medical malpractice administrator – who, then, appoints a qualified (MD-type) arbitrator;

The arbitrator reviews the medical record and determines (w/in 90 days) whether liability exists and damages were caused;

The amount of damages also could be arbitrated later (but, once liability and causation are found, the lawyers likely could determine damages);

De Novo appeals are available – but, if the appealing party doesn’t significantly change the outcome of the arbitration, he would owe the other side’s costs and fees.