Expert Witness Blog
National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including pediatric nursing. In Medical malpractice liability reform-no easy task expert witnesses at National Medical Consultants continue from January 1st blog posts:
Another method that states require as a prerequisite to restrict the time period when a claim for damages can be filed is to require that alternative dispute resolution negotiations, such as arbitration and/or mediation, occur before the claim is filed. Alternative dispute resolution requirements vary considerably from state to state. For example, Hawaii, Illinois, and New Jersey require that cases for claims less than a specified amount must participate in an arbitration proceeding despite the fact that the decision can be nonbinding for the parties involved. Alternatively, Michigan permits parties to agree voluntarily to arbitration, but if the claim is for $75,000 or less, the decision of the arbitrator is binding. Another variation of the alternative dispute resolution requirement is found in Oregon where all parties must participate in some form of dispute resolution unless the case is settled or all parties have voluntarily waived, in writing, the right to enter into such negotiations.