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.
Gavin H. McInnis (Tue,) studied this question.