The Case Against 'Health Courts'
Case Western Reserve University
Dale A. Nance
Case Western Reserve University - School of Law
April 1, 2007
This report evaluates a proposal to replace the current civil justice system for compensating patients who have been injured by medical malpractice with a system called “health courts,” in which claims that were not settled in response to an apology and offer of settlement on behalf of providers would be adjudicated by medically-trained decision-makers employing pre-established guidelines and schedules.
The report concludes that the health court proposal is ill-conceived, that it would be unfair to patients, that it would be unlikely to achieve its objectives, and that such of its goals as are reasonable can be achieved more fairly and with greater efficiency under the existing civil justice system.
Number of Pages in PDF File: 182
Keywords: malpractice, liability, medical, litigation
JEL Classification: I18, K13, K41working papers series
Date posted: March 19, 2011
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