Wanted: New Medical Diagnostic Techniques to Cut Metropolitan Court Backlogs
Pittsburgh Legal Journal, Vol. 113, No. 6, June 1965
14 Pages Posted: 4 Jun 2009 Last revised: 24 Jun 2009
Date Written: June 1, 1965
The vast amount of personal injury suits resulting from "whiplash" injuries in traffic accidents has led to a serious backlog in United States metropolitan courts. The difficulty comes not from the sheer number of these cases, but from the sheer difficulty of attempting to evaluate injuries falling under the "whiplash" umbrella them in the normal course of personal injuries litigation (unlike a straightforward injury such as a broken leg). As a result, most of these cases go unevaluated, unsettled, and form a very large percentage of the cases clogging various matropolitan court dockets.
Because of the inability or failure of the medical profession to provide the legal profession and the judiciary with a specific diagnoses of the various cervical injuries which can result from "whiplash," much time is lost and confusion prevails. Guidelines of proper evaluation of this type of case are extremely scarce. This article undertakes to do what the medical field has not, and provide a comprehensive survey of the various categories of injuries, both physical and emotional, that may result from "whiplash," and urges better medical diagnostic techniques to correctly identify the actual injury that a plaintiff has suffered.
The problem is one of semantics and proper diagnosis, and not the greediness of the individual plaintiffs. Until such time when particular diagnostic labels are affixed to the particular cervical injury by the doctors, the lawyers and the courts will still have this legal "pain in the neck."
PDF scan posted with permission of the Pittsburgh Legal Journal.
Keywords: torts, personal injury, whiplash, judicial process, judiciary, judges, judging, judicial efficiency, Aldisert, traffic accidents, state courts, courts, settlement, legal medicine, legal diagnostic techniques
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