Raleigh, NC asked in Medical Malpractice for North Carolina

Q: what is the difference between suing for medical malpractice and asking for an attorney to artbtrate a case

A surgeon and surgery center told by spouse that they put in the wrong size hip for his total hip replacement. He has missed ten weeks of work and still owes 8,000 dollars on the erroneous surgery and now has to have it redone.

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1 Lawyer Answer

A: A North Carolina attorney could advise best, but your question remains open for a week. Suing means filing a lawsuit in court. It is the traditional route of serving the other side with a summons and complaint, conducting discovery (fact-finding and records-gathering), and proceeding toward trial. Arbitration is a form of ADR, or Alternate Dispute Resolution. It is usually faster, more economical, and more streamlined than the traditional litigation ("suing") route. Instead of the state or federal court system, arbitration uses panel arbitrators from hosting organizations such as the American Arbitration Association. Arbitration and litigation rules are governed by state law, so it would be best to reach out to North Carolina attorneys to discuss the differences in more meaningful detail as they could pertain to a possible case your spouse might be considering. I hope your spouse is okay. Good luck

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