Procedural tort reform in the United States: lessons from other nations. Part I : The background.
As currently constituted, the tort system in the United States has induced distortions that have resulted in a crisis in medical litigation with escalating awards, as well as in product liability. This article outlines views of the structural defects in the American system and contrasts it with the experience in Britain and the major commonwealth nations. In particular, the author stresses the inefficiencies of the civil jury system. In a subsequent article, he will offer some possible remedies to this problem.
Bernstein
David E
DE
George Mason University, School of Law, 3301 North Fairfax Drive, Arlington, VA 22201, USA. dbernste@gmu.edu
D001315:Australia; D002170:Canada; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D003257:Consumer Product Safety / Q000331:legislation & jurisprudence*; D006801:Humans; D033222:Judicial Role; D016365:Liability, Legal / Q000191:economics*; D008318:Malpractice / Q000191:economics / Q000331:legislation & jurisprudence*; D009520:New Zealand; D006113:United Kingdom; D014481:United States