The Case Against 'Health Courts'

182 Pages Posted: 19 Mar 2011  

Maxwell Mehlman

Case Western Reserve University School of Law

Dale A. Nance

Case Western Reserve University School of Law

Date Written: April 1, 2007

Abstract

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.

Keywords: malpractice, liability, medical, litigation

JEL Classification: I18, K13, K41

Suggested Citation

Mehlman, Maxwell and Nance, Dale A., The Case Against 'Health Courts' (April 1, 2007). Available at SSRN: https://ssrn.com/abstract=1785383 or http://dx.doi.org/10.2139/ssrn.1785383

Maxwell Mehlman (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

Dale A. Nance

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3294 (Phone)
216-368-2086 (Fax)

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