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

80 Pages Posted: 17 Oct 2011  

Jean M. Eggen

Widener University - Delaware Law School

Date Written: January 1, 1990

Abstract

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.

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

JEL Classification: K13

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: https://ssrn.com/abstract=1945247

Jean Macchiaroli Eggen (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
(302) 477-2155 (Phone)

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