than do members of a jury. Arbitration can also be less expensive
because you typically don't have to spend as much on legal fees and
expert testimony.
There's also the issue of time. With arbitration, you are the master of
your own calendar. You're not at the mercy of the courts, where
delays are commonplace. For a surgeon and his staff, getting ready
for a trial is an immersive process, so it can be extremely frustrating,
time consuming and expensive to gear up for a trial only to have your
court date continued. By comparison, arbitrated cases tend to get
resolved quickly, which is good for all; a patient doesn't like having an
unresolved claim hanging over him any more than a surgeon does,
and meritorious claims get resolved and paid faster.
Most practices that opt for arbitration aren't trying to deceive any-
one; they're focused
on mitigating risk and
reducing their expo-
sure. If you're inter-
ested in doing the
same, just take the
time to make sure
you're entering into
the agreement on
solid legal footing.
OSM
Mr. O'Brien
(dobrien@
thedoctors.com) is sen-
ior counsel with The
Doctors Company in
Napa, Calif.
J U L Y 2 0 1 7 • O U T PA T I E N T S U R G E R Y. N E T • 2 7
Call: 888.416.2409
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