Reply #84: Where have you been? [View All]

[Andromeda]

If you find this so "stunning" you must have led a priviledged and insulated life. This is nothing new. At least for the past twenty years or so arbitration has been standard in California for HMO's and some other states I'm sure.

That is only the first step for patients who feel they've been wronged. If the problem can be worked out in arbitration there is no need to file a lawsuit which probably won't be successful anyway. Insurance companies have more resources that the individual so the cost alone for a lawsuit would be prohibitive and most people don't have that kind of money.

Lawsuits can be long, drawn out and expensive. Most people are not prepared to invest that much time and money when they are sick.

It sucks, but most lawyers won't touch medical malpractice here in CA unless it's a slam dunk, then it's usually on a contingency basis. We also have a cap on punitive damages here in CA but that's another issue.