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Commentary
Unintended side effects: arbitration and the deterrence of medical error.
January 21, 2015
Shieh D. N Y Univ Law Rev. 2014;89:1806-1835.
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This commentary explores the role of medical malpractice arbitration as a deterrent to medical error. The author suggests that although shifting from litigation to arbitration could result in improved efficiency and accuracy regarding medical malpractice litigation, it is not proven as a strategy to deter error. The discussion draws from the experience of a large health care system to recommend modifications in the arbitration process to prevent medical error.
