Last month, Sens. Mike Enzi (R-WY) and Max Baucus (D-MT) sponsored a bill that proposed several methods for reducing medical malpractice suits. The proposal that drew the most attention was the health court model, which would handle malpractice suits the way bankruptcy court handles bankruptcy cases. Expert witnesses in health court would be on the court's payroll, and the judge would have expertise in the area of healthcare. The judges' ruling in each case would become a new standard of care. It would also bring an end to the days of multi-million dollar "pain and suffering" awards. "Non-economic damages…would be granted according to a schedule that would apply to all patients."
Proponents of the plan say health courts would improve patient's compensation for malpractice while at the same time reducing doctor's concerns about lawsuits. Opponents, including the Association of Trial Lawyers of America and the American Bar Association, don't like that patients wouldn't receive a jury trial. Several states will be testing health courts in pilot programs to see whether or not the model is viable.
- read this UPI article [1] for more
- see this Capitol Hill Watch report [2]
Links:
[1] http://www.upi.com/HealthBusiness/view.php?StoryID=20060707-045144-6107r
[2] http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=38099