Over the past few decades, there have been repeated proposals to remove medical malpractice claims from the civil justice system entirely. These claims, most of which are negligence claims, are traditionally brought in state courts and appear before a jury.
The proposals typically focus on removing the claims from the jury and creating alternate tribunals for adjudication. Often, vague promises that an alternative system will be more fair to plaintiffs and/or will provide more compensation accompany such proposals. To date, the proposals have all been struck down. However, the current administration has made tort reform a priority and once again the topic of specialized health courts is up for discussion.
Over the past few decades, there have been repeated proposals to remove medical malpractice claims from the civil justice system entirely. These claims, most of which are negligence claims, are traditionally brought in state courts and appear before a jury.The proposals typically focus on removing the claims from the jury and creating alternate tribunals for adjudication. Often, vague promises that an alternative system will be more fair to plaintiffs and/or will provide more compensation accompany such proposals. To date, the proposals have all been struck down. However, the current administration has made tort reform a priority and once again the topic of specialized health courts is up for discussion.
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