TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

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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