Improving the Medical Malpractice Litigation Process
Document Type
Article
Publication Date
7-1-2004
Abstract
Critics charge that judges and juries are incompetent to address medical liability issues. Some advocate shifting authority away from ordinary judges and juries, either by appointing “expert” decisionmakers, such as “medical screening panels” or specialized “medical courts,” or by instituting caps on damages. Problems with the tort liability system may weigh in favor of a shift to a no-fault administrative compensation system. If the current fault-based system is retained, however, policymakers should not adopt half-measures by creating “expert” panels or “expert” courts. Rather, they should better equip the existing decisionmakers to deal with liability and damages questions.
Publication Title
Health Affairs
Repository Citation
23 Health Aff. 33 (2004)
DOI
https://doi.org/10.1377/hlthaff.23.4.33