Taking the pulse of 'health courts'
Lawyers USA
July 16, 2007

Doctors and tort reformers are pushing legislation in both houses of Congress to fund pilot projects in 10 states that would create administrative panels known as "health courts. "

The legislation, intended to mend perceived flaws in the medical malpractice system, is based on existing systems in Scandinavia and New Zealand, as well as administrative programs in Florida and Virginia, for dealing with birth-related neurological injuries.

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In fact, direct losses paid per doctor dropped 30 percent from 2000 to 2005, while insurance premiums per doctor rose 32 percent, according to an analysis performed by Americans for Insurance Reform released this spring.

"The question remains: Why health courts?" Greco said. "What's the point? Are we saying that courts are bungling this? I doubt it. I think it's more likely that some interest groups are trying to limit people's rights for their own gain. "

Niro agrees.

"There's no question that the current system has issues that make us question whether it's working as well as it could," he said. "But there are sound constitutional alternatives that exist now: arbitration, mediation, and settlement conferences, all of which are appropriate means of alternative dispute resolution. "

For a copy of the complete article, contact AIR.