The thought of moving medical malpractice litigation away from Texas state district courts and into arbitration disturbs some plaintiff and defense lawyers alike.
Plaintiff lawyers fear the unseemly prospect of health care providers requiring patients to give up the right to a trial by jury before receiving treatment. And defense attorneys worry doctors could give up far too much in the way of their appellate rights if an arbitrator misapplies the state tort reform laws designed to protect their clients.
Those are just some of the reasons why organizations representing both sides of the bar are now calling on the Texas Supreme Court to reconsider a recent decision they believe could open up those possibilities.
