Ken Kelly Comments on Trend of Patient-Doctor Arbitration Agreements

The National Law Journal

Kenneth J. Kelly, a Member of the Firm and Co-Chair of the Firm's National Litigation practice in the New York office, was quoted in a March 24, 2008, article in The National Law Journal on the proliferation of binding arbitration agreements between doctors and patients, a trend that could disadvantage patients if medical malpractice lawsuits surface.

The article, "Patient Arbitration Pacts are Alarming Attorneys," noted that an increased number of physicians, nursing homes, and health care institutions are requesting consumers to sign these agreements before they offer services.

"I can see this happening here, because there is some type of an imbalance between patients and doctors," said Kelly. "Then the courts will come around to meet their concerns and the legislators also get involved."