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Creating Health Courts Through Consent

Opportunities and Challenges for a Non-Legislative Approach to Administrative Injury Compensation
Paul Barringer and Jenny Foreit
Common Good, August 1, 2008

Medical liability remains a central issue for many physicians and policymakers, yet prospects for reform in the current legislative environment are remote.  This paper discusses alternative approaches health care organizations and policy makers might take to achieve reform with little, if any, legislative action.  In particular, voluntary or contractual agreements to submit disputes to arbitration rather than litigation have strong legal precedent and could provide a way to establish private alternatives to the current medical liability system.   ยป article