Texas Supreme Court ruled that healthcare providers can compel arbitration for medical malpractice claims. Is arbitration the best way?Learn about the process of a medical malpractice lawsuit in Texas. Everything you need to know from initial evaluation to settlement. Download the Fee Arbitration Inquiry form here. Download the Fee Arbitration Rules here. It is an affirmative defense to liability in a civil action brought against a physician or health care provider for a violation of Section 170A. Code of Civil Procedure section 1295 sets forth specific requirements for arbitration contracts in medical malpractice cases. Malpractice – Medical. Malpractice – Other Professional Liability.