Medical Malpractice Screening Panels: Proposed Model Legislation to Cure Judicial Ills

Jean M. Eggen

Widener University - Delaware Campus

January 1, 1990

George Washington Law Review, Vol. 58, 1990

The medical malpractice claims crises of the 1970s and 1980s have generated the need for a means by which the judicial system can reduce the overall costs per claim, discourage or eliminate non-meritorious claims, and provide a basis for control of rising health care costs and medical malpractice insurance rates. In response, many states have enacted screening panel statutes as part of their medical malpractice reform packages. Yet these panel statutes are diverse and inconsistent, problematic when invoked in federal diversity actions, and filled with constitutional problems. This article proposes a Model Medical Malpractice Screening Panel Act, set forth in the article’s Appendix, to address these problems. The purposes of this model act are to balance the needs of both plaintiffs and defendants in medical malpractice actions and to serve the interests of judicial efficiency. The model act provides needed guidance to the states and could lead to uniform treatment of medical malpractice claims in the courts.

Number of Pages in PDF File: 80

Keywords: medical malpractice, tort law, torts, screening panels

JEL Classification: K13

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Date posted: October 17, 2011  

Suggested Citation

Eggen, Jean M., Medical Malpractice Screening Panels: Proposed Model Legislation to Cure Judicial Ills (January 1, 1990). George Washington Law Review, Vol. 58, 1990. Available at SSRN: http://ssrn.com/abstract=1945247

Contact Information

Jean Macchiaroli Eggen (Contact Author)
Widener University - Delaware Campus ( email )
PO Box 7474
Wilmington, DE 19803
United States
(302) 477-2155 (Phone)
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