Abstract

http://ssrn.com/abstract=2295126
 


 



Medical Malpractice Screening Panels: An Update and Assessment


Jean M. Eggen


Widener University - Delaware Campus

June 2013

Journal of Health & Life Sciences Law, Vol. 6, No. 3, June 2013
Widener Law School Legal Studies Research Paper No. 13-31

Abstract:     
Many states enacted screening panel statutes as part of their medical malpractice reform packages. Studies on the effectiveness of medical malpractice reforms are inconclusive at best due to insufficient data and conflicting results. Recent federal healthcare reform largely ignored medical malpractice litigation. Observers concluded that screening panels might not deliver the anticipated systemic results. Many states remain committed to medical malpractice reforms, including screening panel statutes, which have undergone state constitutional challenges and mostly survived, although the challenges persist. One controversial provision in some panel statutes is the admissibility of panel findings in a subsequent trial. A recent New Hampshire Supreme Court case provides renewed heft to arguments against admissibility. This article emphasizes the need for an updated and broad-based empirical study of medical malpractice claims, but concedes that such a study may not be forthcoming. It concludes that states with screening panels should encourage judicial efficiency through pretrial resolution of actions and offers provisions to assist in this process.

Number of Pages in PDF File: 36

Keywords: medical malpractice, pretrial procedure, alternative dispute resolution, litigation

JEL Classification: K13, K41

Accepted Paper Series


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Date posted: July 18, 2013  

Suggested Citation

Eggen, Jean M., Medical Malpractice Screening Panels: An Update and Assessment (June 2013). Journal of Health & Life Sciences Law, Vol. 6, No. 3, June 2013; Widener Law School Legal Studies Research Paper No. 13-31. Available at SSRN: http://ssrn.com/abstract=2295126

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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