Proper arbitration clauses waive a medical malpractice victim's right to a jury trial. Texas Supreme Court ruled that healthcare providers can compel arbitration for medical malpractice claims.Is arbitration the best way? This research guide includes information and resources on arbitration. This type of dispute- resolution process occurs when "disputing parties. Code of Civil Procedure section 1295 sets forth specific requirements for arbitration contracts in medical malpractice cases.