You might have agreed to arbitrate (knowingly or not) rather than sue for medical malpractice, but you may still have options for avoiding arbitration. Arbitration Rules and Mediation Procedures.Code of Civil Procedure section 1295 sets forth specific requirements for arbitration contracts in medical malpractice cases. Step 1 - The Initial Investigation. 5 Kenneth A. DeVille, The Jury Is Out: Pre-Dispute Binding Arbitration Agreements for Medical. Medical malpractice cases are among the most difficult any lawyer faces. Medical Malpractice Law in Virginia is a "how to" guide to assist lawyers in the factual complexities and legal intricacies of medical malpractice litigation. Hospital Admissions Forms: Are They Contracts of Adhesion?