Health courts

by rcentor on May 4, 2005

I will never leave this issue – because this is the real solution to malpractice.

Let Doctors Think Like Doctors

“Special health courts might let doctors think more like doctors again and less like lawyers,” said Daniel Henninger, Deputy Editor of the Wall Street Journal editorial page, endorsing Common Good’s proposal on the Nightly Business Report (WPBT-TV, Miami).

Henninger joins other prominent media endorsers of special health courts, including the New York Times, which called for pilot projects in January, and nationally-syndicated columnist Stuart Taylor, Jr., who championed the idea in a National Journal op-ed.

Noting that special courts already exist to handle tax disputes and patents, Henninger said, “One benefit of health courts is they would create judges who understand the nature and complexity of medicine. Yes, bad things do happen in medicine. And when they do, the arguments ought to be handled by judges who know from experience the difference between an honest mistake and malpractice.”

The unreliability of the current system has serious consequences, as Henninger detailed. “Everyone knows what malpractice is about,” he said. “It’s about doctors leaving states like Ohio, Pennsylvania and Maryland because their premiums are through the roof. It’s about doctors practicing defensive medicine, ordering lots of tests, to avoid lawsuits.”

Two out of three Americans favor creating special health courts, a Harris Interactive poll has found.

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{ 5 comments… read them below or add one }

Aaron May 4, 2005 at 12:56 pm

… ought to be handled by judges who know from experience the difference between an honest mistake and malpractice.’

Since when can’t an honest mistake constitute malpractice? One would think that the vast majority of incidents of malpractice result from honest mistake.

Curious May 4, 2005 at 4:55 pm

Can someone explain what the tangible result of a health court will be.

Have insurers promised to lower rates if this happens?

Will insurers not spend as much defending cases?

If a person goes into a hospital and doesn’t receive treatment for 66 hours, or if they have their breasts removed because of a faulty reading, or if the wrong side of the brain is operated on, is that so complex we need a special court?

Will health courts not award as much?

Will health courts find for the doctor even more than the 75%-80% of the time than juries do?

Will there be fewer lawsuits?

How much will defensive medicine go down?

Will the cost of health care go down?

Will physician incomes go up?

Shouldn’t a proposed solution to an alleged problem actually solve that problem? Especially when we’re dealing with Constitutional rights?

Why the excitement for something when you have no idea of the outcome?

Scarlett July 6, 2005 at 1:15 pm

The doctors I’ve encountered seem not to be thinking as much as hurrying. I’m a mostly-healty person, seen every once in a while for a pap-smear or a bad cold or during my pregnancy. but it seems every time I see a doctor, he or she is totally dismissive. They seem like they don’t want to listen. I was aghast when my husband went to a doctor after his back “went out” a couple of times. The doctor said, “Hmm sounds like maybe you slipped a disc. Here’s a prescription for a pain killer and a muscle relaxant. See you later.” My husband asked if he could do anything to prevent this happening in the future and doc said, “oh, you know, you’re basic back strengthening exercises. see you later.” Technically, this doctor was doing his job, but was he *really* being a good doctor??

health courts November 3, 2005 at 2:28 pm

When will people notice that it is time we change something? Come on people let’s try something new. Let’s not leave it at the same old same old. STOP making dotors lives worse the patient always get something out of it. Le’t live a little!!!!!!!!!!
Thanks!

No comment February 19, 2007 at 7:55 am

Personally, health courts are retarded. Im only 13 years old and im doing a debate about it. Im on the side that is against health courts. And why? Because look at it people, doctors are already winning most of the cases brought to court! Now we are asking for a court where the doctors will win almost 100% of the time. Why do we need a specially trained jury also? It is the lawayers and judges job to bring it down into common language. What do the people on the jury have to lose? NOTHING!!!! What do the medically trained preofessionals have to lose? Their insurance rates go up and doctors get a worse reputation in that position. Health courts are retarded we should not be for it we should all be against it, unless your a doctor but then your just selfish and want it all for you. Right now in the current legal system, we award money to the patient. Why? It tells the doctor that he shouldntbe screwing up in a time like this. And why are insurance companies rasing the price of medical malpractice insurance? Because they can. Remember this, dont let the fox watch over the henhouse.

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