-at least in California-medical malpractice litigation in normally subject to arbitration agreements. Most, if not all, trials are not before a jury but rather an arbitration panel. Defense attorney picks a judge-normally retired-as does the Plaintiff's atty. The two picks then get together and pick the 3rd and the three try the case without a jury. Additionally, there are limits on the amount of damages that can be awarded if liability is found.
