Friday, December 17, 2004
A recent National Law Journal article reports that several states are considering the creation of medical malpractice courts as part of an overall tort/medical malpracctice reform package. Currently four states, Illinois, Maryland, Massachusetts, and Pennsylvania are debating the creation of such courts and as many as ten other states have expressed some interest in the courts.
Although not much information is available about these courts, the National Law Journal states that "the courts would likely be designed to eliminate juries and allow a judge with medical expertise to decide cases, possibly with the help of court-appointed experts." Those who support the courts argue for the increased efficiency and effectiveness that would allegedly result. Those who opposed the medmal courts argue that such courts deny individuals the constitutional right to a trial by jury.