Med Mal Game Changer


A recent Texas Supreme Court decision changes the landscape for arbitration of medical malpractice claims. In Fredericksburg Care Co., L.P. v. Juanita Perez et al, the court held that the arbitration-friendly Federal Arbitration Act preempts the more stringent requirements found in the Texas Medical Liability Act. As a result, many providers, especially nursing homes and home health care operators, may start including arbitration clauses in their agreements with patients.

Excerpted from the Texas Bar Journal, September 2015. To read the full article, click here.

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