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Greedy Trial Lawyer

Binding Arbitration, The Video

July 11, 2007

By Greedy Trial Lawyer

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Category: Gaming The System

Wearing my movie/video critic hat I have to give five stars to the six minute sales pitch for arbitration in medical malpractice claims provided to patients of a Florida medical clinic. The on-screen spokeswoman very calmly explains why binding arbitration is an all-around good deal. (It saves time and money.....) I mean, this woman could sell ice to Eskimos.

Watch video, sign away your rights..

Medical malpractice insurers have come up with a devious new way of preventing injured patients from suing their doctors, by forcing people to sign binding arbitration agreements as a condition of receiving treatment from doctors they cover. The latest in this wave comes from a clinic in Florida that has helpfully made this video that patients can watch at home before they sign an agreement promising not to sue for future or past malpractice.

From the Tortellini

It may have been a tad more balanced if it had mentioned death could occur as a result of medical malpractice, and the surviving spouse was also restricted to binding arbitration. Or, if it had provided some statistics reflecting the average verdict range compared to the average arbitration award. Or, if it mentioned the arbitrators (at least one of them) would know the insurance coverage of the clinic was only $250,000 whereas a jury would not be informed of that prejudicial fact.

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