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White Papers
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American Association for Justice
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The Case Against “Health Courts”
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This report evaluates a proposal to replace the current civil justice system for
compensating patients who have been injured by medical malpractice with a sys-
tem called “health courts,” in which claims that were not settled in response to an
apology and offer of settlement on behalf of providers would be adjudicated by
medically-trained decision-makers employing pre-established guidelines and
schedules.
The report concludes that the health court proposal is ill-conceived, that it
would be unfair to patients, that it would be unlikely to achieve its objectives, and
that such of its goals as are reasonable can be achieved more fairly and with greater
efficiency under the existing civil justice system.
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The Case Against “Health Courts” (pages: 7)
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