Darling V. Charleston Community Memorial Hospital Arbitration Case Study

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Part I:Legal Issues with Negligence, Stockpiling and Arbitration

a.Who you think should have won and why? What are the implications of allowing entities to be held legally responsible for the negligent actions or (inactions) of its providers? Does this make healthcare safer?

b. Why are many healthcare entities asking/requiring patients to sign arbitration clauses?Do you think healthcare providers should be allowed to require or request patients to agree to arbitration, waiving their right to a jury trial, BEFORE care is delivered?Why or Why not?

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