Friday, March 7, 2008

Peters on Health Courts

The Boston University Law Review has Philip G. Peters, Jr.'s latest work on health courts (88 B.U. L. Rev. 227 (2008) [pdf]).  In the piece, Peters critiques the most recent legislation proposing separating medical malpractice cases from the traditional civil court system.


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I oppose the health court idea, as discussed here.

A better solution? Torts.

The filing of a weak case is legal malpractice. End the self-dealt, unjust, unique litigation privilege and the privity obstacle to a legal malpractice claim by the adverse third party. This privilege provides the moral and intellectual justification for self-help remedies, even violence against the self-dealing tyrant on the bench, and against the lawyer hierarchy.

Do torts serve as an alternative remedy to harm and injustice? If the folks here believe in torts, I would like to see them justify any opposition.

Posted by: Supremacy Claus | Mar 11, 2008 5:13:57 AM

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