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Tuesday, October 3rd 2006

Med Rants On Common Good On Health Care Courts

Med Rants is linking, and providing brief commentary on a Milbank Quarterly look at how health care courts could improve patient safety. What is stunning is one of the authors is David Studdert.

[T]he system will have major advantages for patient safety. Alleviating the stigma and adversarialism of dispute resolution in tort would likely contribute significantly to building a safety culture. A health court system could also provide new and important structural mechanisms for collecting, analyzing, and disseminating information about avoidable injuries.

Even before Studdert’s most recent look at whether med mal cases were truly driving increases in premiums, I’ve been an advocate for health care courts. I truly believe there is a complex case exception to the 7th amendment to be found. The courts offer an oppurtunity to get it right, more than we do now.

It doesn’t matter whether medical malpractice cases were truly driving up premiums or not or if tort caps will work or not. When you have a system where your average jury couldn’t decipher the scientific complexities of whether Vioxx actually caused a heart attack if you wrote down the answer for them on a cocktail napkin, there is a problem.

This Man Is Your Peer
Fear The Judicial System

Also check out Common Good’s page on health care courts.