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The Doctor’s Court? Debate between Philip K. Howard and Stephanie Mencimer Debate Club
March 14, 2005 Pointing to the historical precedent of specialized courts
in the United States,
Howard argues that the implementation of health courts is a moderate and
much-needed change. Health courts would “provide consistent expert rulings on
standards of care” by including full-time judges dedicated to medical injury
cases, neutral experts hired by the court, and automatic benefits for obvious
mistakes. Howard maintains that juries have not provided consistent
rulings, not because they are “too dumb” to understand the issues, but because
the current system offers them little guidance. In addition to
inconsistent malpractice lawsuits the current system also makes physician
licensing erratic. Health courts, Howard asserts, could eliminate this lack of
accountability, creating a “coherent regulatory function” not currently
provided by the tort system. Health courts need to be tested through pilot
projects first, however, so their benefits can be measured and any shortcomings
addressed.
Mencimer believes health courts, which are “advanced by
snobs,” function on faulty logic and insult the intellect of all Americans.
Medical malpractice trials, she argues, are not overly complex. Certainly a
jury of Americans who can face the subtleties of a death penalty trial can
assess medical wrongdoing as well. She denies the ability of health
courts to provide consistent compensation, citing workers’ compensation as an
example of inconsistent verdicts in specialized courts. Furthermore,
insurance companies determine the benefit schedules in workers’ compensation
and would presumably hold a similar role in health courts. Concerning
defensive medicine, Mencimer contends that doctors order unnecessary tests in
order to make more money, not in order to avoid liability. She concludes by
suggesting that a more viable alternative for reforming our medical justice
system is to push for universal health care, so “people can care for their
brain-damaged babies regardless of who caused their injuries.”
Debate no longer available online.
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