Procedural tort reform in the United States: lessons from other nations, part II.
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. In Part I (Journal of Medical Practice Management 2004; Vol.20#2: 72-76), the author outlined his views of the structural defects in the American system and contrasted it with the experience in Britain and the major commonwealth nations. In particular, he stressed the inefficiencies of the civil jury system. In Part II, he offers some possible remedies to this problem.
Bernstein
David E
DE
George Mason University, School of Law, Arlington, VA 22201, USA. dbernste@gmu.edu
D001315:Australia; D002170:Canada; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D005249:Fees and Charges; D018166:Health Care Reform; D006801:Humans; D033222:Judicial Role; D016365:Liability, Legal / Q000191:economics*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009520:New Zealand; D006113:United Kingdom; D014481:United States