Medical Injustice: The Case Against 'Health Courts'
This report evaluates a proposal to replace the current civil justice system for compensating patients who have been injured by medical malpractive with a sustam 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 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 fully and with greater efficiency under the existing civil justice system.
Mehlman, Maxwell J. and Nance, Dale A., "Medical Injustice: The Case Against 'Health Courts'" (2007). Faculty Publications. 1362.