WFS Home Page

Futurist_logo_yellow_72dpi.jpg (24529 bytes)
A magazine of forecasts, trends, and ideas about the future
November-December 2006 Vol. 40, No. 6

Search THE FUTURIST  

Contents of the Current Issue

Back Issues

Reprints/ Permissions

Writer's Guidelines

Send a Letter to the Editor

 

World Trends & Forecasts

 

Government

Special Courts for Health Issues
By Cindy Wagner

Innovative solutions sought for medical lawsuits.

The case for specialized health courts is receiving new support in the United States as an innovative solution for increasingly complex medical liability lawsuits and other health-related cases. Such courts could reduce the soaring costs of health care by lowering malpractice insurance costs.

Doctors and lawyers are rarely cross-trained in each other's professions, posing a problem when crucial decisions need to be made that are beyond one's specialty. Fear of litigation may prompt physicians to order excessive precautionary tests and procedures, while judges with no medical training must weigh the testimonies of competing experts.

Many health-care organizations, including AARP, are calling for test projects for health courts, according to Common Good, a bipartisan legal-reform coalition. In addition, six hospitals and academic medical centers, such as those at Duke University and Johns Hopkins, are considering serving as pilot health courts.

Presiding over health courts would be full-time judges who are trained in health-care issues and who would define standards of care in malpractice cases. According to Common Good, these courts would also ensure that those patients who are injured by medical mistakes would be reliably compensated--and not have to pay a third or more of their recovered damages to their lawyers.

"Special health courts are intended not simply to provide a better dispute-resolution mechanism, but also to provide a foundation from which deliberate choices can be made to restore order to American health care," Common Good chair Philip K. Howard told the U.S. Senate Health, Education, Labor, and Pensions Committee in June 2006.

The ad hoc nature of medical disputes "decided jury by jury" has led to distrust among the public and fear among medical professionals, according to Howard. "Special health courts, by contrast, can offer guidance on standards of care and the predictability needed for trust."

From the admiralty courts of colonial times to today's drug courts, specialization is a longstanding practice in many judicial systems. Mental Health Courts, for example, create individualized, long-term treatment programs for people who might otherwise be sent to prison. The courts address both the health needs of the offenders and the public-safety needs of communities.

Other courts with specialized jurisdictions include youth or teen courts, domestic violence courts, community courts, and truancy courts. But a specialty court such as the proposed Health Courts would differ by encouraging innovative court practices, such as high levels of judicial monitoring and cross-agency collaborations. In this way, specialty courts serve more as "problem-solving" courts. In Minnesota alone, the number of specialty courts grew from just two in 2002 to 28 at the end of 2006.

Special Health Courts are needed because no other issue handled by the courts is "as complex as modern health care, and none is more important to our society," Howard told the Senate committee. A key issue is medical liability reform. "Accountability is inconsistent. Inept doctors often keep their licenses while good doctors find themselves liable on baseless claims. One out of four baseless claims results in payment," notes Howard, citing a recent study published in The New England Journal of Medicine.

The liability issue contributes to the skyrocketing costs of health care because doctors and hospitals have to pay more in insurance premiums. Health care now costs nearly twice as much in the United States as in other developed countries, and insurance is unaffordable for one out of seven Americans, according to Howard.

Improving the justice system thus could meet the goals of improving health care and lowering costs. It could also speed up the judicial process itself.

"The potential advantages of this system are enormous," according to Howard. "A court that writes opinions based on accepted medical standards not only holds the promise of overcoming debilitating distrust, but can provide affirmative guidelines for improving care."

Health Courts

Common Good recommends that proposed Health Court pilot projects feature:
  • Administrative law judges who handle only medical malpractice disputes.
  • Neutral experts drawn from approved lists to advise the court.
  • Schedules of damages to be paid depending on specific injuries, so that litigants stop litigating in the hope of higher damage rewards.
  • Transparency in procedures, with preliminary work designed to resolve claims with a minimum of time and legal costs. Lawyers' fees would be based on time committed to a case rather than a percentage of damages recovered.

Sources: Common Good, 477 Madison Avenue, 7th Floor, New York, New York 10022. Web site www.cgood.org.
The Center for Court Innovation, 520 Eighth Avenue, 18th Floor, New York, New York 10018. Web site www.courtinnovation.org.

Digg!

To order the print edition of the November-December  2006 issue of THE FUTURIST ($4.95 plus $3 postage and handling) or to become a member of the World Future Society ($49 per year).

Send comments about our Web pages to: webmaster@wfs.org
COPYRIGHT © 2006 WORLD FUTURE SOCIETY, 7910 Woodmont Avenue, Suite 450, Bethesda, Maryland 20814. Tel. 301-656-8274. E-mail info@wfs.org. Web site http://www.wfs.org. All rights reserved.