Medical arbitration tribunal: current state and rospects

Medical arbitration tribunals intended to resolve medical malpractice disputes emerged in the United States of America more than forty years ago. However, they have been relatively little known in our country. The problem of the study is the legal nature of medical disputes, its object is medical arbitration as a medical and legal phenomenon, its subject is the effectiveness of arbitration in resolving medical disputes. In medical arbitration, the issue of arbitrability is critical: the arbitration clause is often challenged on the grounds that the patient could not reasonably express their will due to a medical condition. Despite conceptual issues, medical arbitration has been actively developing in the United States since the 1980s. Advocates argue that arbitration offers several benefits over traditional litigation, including faster proceedings, broader compensation for patients, lower legal fees, and improved patient safety. However, critics point to several disadvantages: the potential low professional level of arbitrators, the simplification of legal proceedings to mere compensation, the lack of contribution to healthcare quality improvement, and the transformation of trials into administrative procedures, with large corporations "privatizing" the arbitration process. In some countries (South Korea, Indonesia, Mexico), the arbitration is in place, but it shows quite meager results. In Russia, medical disputes are very complex due to some regulatory limitations. Alternative dispute resolution procedures are barely used, and medical arbitration is directly prohibited by the Civil Procedure Code.