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A PRESCRIPTION FOR HEALTH COURTS

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The American Medical Assn. recently issued its principles for health courts:

  • Health courts should be structured to create a fair and expeditious system for the resolution of medical liability claims--with a goal of resolving all claims within one year from the filing date.

  • Health court judges should have specialized training in the delivery of medical care that qualifies them for serving on a health court.

  • Negligence should be the minimum threshold for compensation to award damages.

  • Health court judgments should not limit the recovery of economic damages, but non-economic damages should be based on a schedule.

  • Qualified experts should be utilized to assist a health court in reaching a judgment.

  • Health court pilot projects should have a sunset mechanism to ensure participating physicians, hospitals and insurers do not experience a drastic financial impact based on the new judicial format.

Source: American Medical Assn.