Tag Archive for ‘health courts’
Surgeons and Medical Liability: A Guide to Understanding Medical Liability Reform—a primer on liability reform developed by the College—is summarized as are the challenges of using federal tort reform as a means of solving the nation’s medical liability challenges.
The authors assert that health courts are the best solution to the failures of the current liability system. These special courts may improve reliability and consistency in rulings, Reduce costs associated with defensive medicine, provide fair and efficient compensation for injured patients, enhance patient safety, and boost physician accountability.
The authors maintain that health courts are an inadequate solution to the problems associated with professional liability. These courts may reduce the rights of injured patients and create a new, costly, unnecessary administrative system. They also are likely to stimulate improvements in the safety or quality of health care delivery.
The current medical liability system has multiple shortcomings, which are summarized in this article. The authors describe the pros and cons of several alternatives for reforming the liability system, including safe harbors, early disclosure and offer programs, judge-directed negotiation programs, and health courts.
The common goals of physicians and attorneys who represent plaintiffs in medical liability lawsuits are described in this article as are examples of injured patients who have benefited from legal professions available in current tort law.