Beyond the courtroom: evaluating alternative dispute resolution in medical liability cases

Abstract

In recent decades, the burgeoning prevalence of professional medical liability litigation, initially within the United States and subsequently extending to Europe, has prompted a discernible shift towards alternative dispute resolution (ADR). This phenomenon is characterized not so much by the establishment of a prior error but rather by negative outcomes, inefficiencies, and inadequate documentation. Consequently, there has been an increasing interest in ADR as a means to facilitate out-of-court settlements between physicians and patients, thereby circumventing the traditional judicial process