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A Journal on Forensic Medicine
INTRODUCTION ARBITRATION - Part I
Minerva Medicolegale 2013 September;133(3):103-10
Medical-legal arbitration: origins, deontology, critical issues
Dipartimento di Scienze della Sanità Pubblica e Pediatriche Università di Torino, Torino, Italia
As in the case of juridically and financially significant disputes, even for the medical-legal disputes that frequently arise in private insurance, normally insurance contracts include the possibility of resorting to arbitration for the settlement of disputes. Since most issues are of medical nature, the resolution of medical disputes is deemed to quicker and less costly methods than court proceedings, to be conducted within the limits specified by the parties and permitted by the law. Instead of arguing about the nature of a lesion and its effects, the insured person and the insurance company delegate the decision to a board of arbitrators. In this paper, the origins, the development and the deontology of arbitration are described alongside with the problems associated with the limitations and the conflicts inherent in the arbitration process.