Improving the medical malpractice litigation process.
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.
University of Pennsylvania Law School, Philadelphia, USA. cstruve@law.upenn.edu
Catherine T
CT
Struve
D005104:Expert Testimony; D016365:Liability, Legal / Q000191:economics; D008318:Malpractice / Q000331:legislation & jurisprudence*; D011050:Policy Making; D014481:United States