Holman et al draw attention to the frequent and complicated evidentiary problems in medical malpractice claims and the procedural mechanisms provided by statutes, court rules, and case law that are already in place to facilitate claim resolution. While proposed alternative dispute resolution (ADR) procedures might well provide better resolutions to medical malpractice claims, they must take into consideration both the unique characteristics of medical malpractice disputes and existing mechanisms for resolving these disputes. The profile of the settlements of Florida medical-malpractice claims provides a structure with which any proposals for ADR must contend.
Mirya Holman et al.,
Most Claims Settle: Implications for Alternative Dispute Resolution from A Profile of Medical-Malpractice Claims in Florida ,
74 Law and Contemporary Problems
Available at: https://scholarship.law.duke.edu/lcp/vol74/iss3/5