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Administrative "Health Courts" for Medical Injury Claims: The Federal Constitutional Issues

Donald Elliott, Sanjay Narayan, and Moneen Nasmith
Journal of Health Politics, Policy and Law, August 1, 2008

This paper, part of a series in the recent issue of the Journal of Health Politics, Policy and Law, considers the possibility of establishing a federal health court system which would transfer medical liability claims from traditional judge and jury trials in state courts to an administrative compensation system.  The authors discuss the legal challenges that might arise by moving to a federal health court system.  They conclude that with a properly drafted statute, the move to health courts would be constitutional, assuming there are demonstrated benefits with such an alternative system.  » article, » more from the JHPPL issue