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