December 9, 2009

"United States Senators Lindsey Graham (R-SC) and Saxby Chambliss (R-GA) introduced legislation [last month] that would require the loser to pay the winner in some medical malpractice suits. The Fair Resolution of Medical Liability Disputes Act of 2009 would require initial nonbinding arbitration for med mal claims prior to going to court. Either party could reject the arbiter's decision and proceed to trial. However, by so doing, the loser-pays mandate is activated." It would apply where a party did less well than the offer it had spurned, unless a judge finds the shift "unjust", and would cover only costs incurred after the arbiter's decision. [Robinette, TortsProf; Atlanta Journal-Constitution; David Dunlap/Charleston Post and Courier]