A groundbreaking new report, prepared by Case Western Reserve University professors Maxwell Mehlman and Dale Nance, criticizes recent proposals for the creation of special "health courts" for the adjudication of medical malpractice claims.
According to Mehlman and Nance, proposals to create such health courts are the latest in a series of attempts to eliminate or drastically reduce the rights of injured patients. The proposals are based on unfounded claims that the existing medical malpractice litigation system is broken and spinning out of control, when in fact that system is quite stable and works remarkably well.
The new report, "Medical Injustice: The Case Against Health Courts," prepared under a grant from the American Association for Justice Robert L. Habush Endowment, finds that health courts would require the creation of new and costly bureaucracies that would be biased against patients at every level.
In the report, Mehlman, the Arthur E. Petersilge Professor of Law and director of the Law-Medicine Center at the School of Law and professor of bioethics at the School of Medicine, and Nance, professor of law, find many critical flaws in the health courts concept, including:
The authors conclude that the health courts concept is misguided and encourage proponents to abandon it as "bad public policy."
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