March 3, 20260 citations

To Arbitrate or Not to Arbitrate, That Is the Question

Key Points

Arbitration agreements may provide a faster resolution for health care liability disputes, benefiting both parties.
The article highlights key issues like consent and unconscionability that affect the enforceability of these agreements.
Assessment of Texas and federal case law listed various challenges to arbitration agreements across health care settings.
Providers and patients must weigh the potential advantages and drawbacks of arbitration compared to litigation.

Abstract

This article examines the use of arbitration agreements in the context of Texas health care liability claims. The author analyzes the legal framework governing the enforceability of arbitration provisions, including statutory requirements and federal preemption considerations. The article surveys Texas and federal case law addressing challenges to arbitration agreements based on consent, unconscionability, and public policy. It also discusses strategic considerations for health care providers and patients when deciding whether to arbitrate medical malpractice disputes. The article concludes by evaluating the advantages and drawbacks of arbitration as an alternative to litigation in health care liability cases.

To Arbitrate or Not to Arbitrate, That Is the Question

Key Points

Abstract

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