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ABA Rejection of Special Health Courts Sparks Clash

Leonard Post
The National Law Journal, February 27, 2006

In a piece for the National Law Journal, Paul Barringer of Common Good and David Studdert of Harvard University comment on the ABA’s decision to oppose health court pilot projects.  Barringer, Common Good’s general counsel, sees health courts as “‘an approach that will expedite compensation and dispute resolution for injured patients,’ and also establish a more reliable system for health care providers.”  Studdert, a professor at the Harvard School of Public Health, which is working with Common Good to develop a health court system, suggests that we try health courts “‘in a few places … for a few years.’”  “‘If it's not a better system,’” he says, “‘then we can go back to the dysfunctional tort system.’"  In addition to bills that have been introduced in both houses of Congress to “facilitate” health court pilot projects, bills have recently been introduced in both the Virginia and Maryland legislatures to study the issue.

Click to read the article.  (Available to subscribers only.)