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The Role of Medical Liability Reform in Federal Health Care Reform
Michelle Mello and Troyen Brennan, New England Journal of Medicine, June 15, 2009
Troyen Brennan and Harvard School of Public Health Professor Michelle Mello discuss the prospects for medical liability reform at the federal level, particularly focusing on health courts and other alternative systems.
Malpractice Laws Should Focus on Patients
Edward Dauer and Judith Ham, Denver Post, May 26, 2009
Common Good Colorado board members Edward Dauer and Judith Ham discuss the pitfalls of medical liability award caps and the need for real reform of Colorado's malpractice laws.
Just Medicine
Philip K. Howard, New York Times, April 2, 2009
Writing for the New York Times, Common Good Chair Philip K. Howard discusses the failings of today's medical liability system and advocates for pilot projects to test special health courts.
Docs Need Malpractice Relief
Dr. Lee Goldman & Dr. Herbert Pardes, New York Daily News, February 28, 2009
Common Good Advisory Board member, Dr. Herbert Pardes, argues for needed medical liability reform in New York state.
'Life Without Lawyers' author says judges need to reclaim authority
Ann Knef, Southeast Texas Record, February 12, 2009
An article highlighting Philip Howard's recent book, Life Without Lawyers, notes the health court proposal as one of many solutions that could improve today's legal processes.
Adjudicating Severe Birth Injury Claims in Florida and Virginia
The Experience of a Landmark Experiment in Personal Injury Compensation
Gil Siegal, Michelle Mello and David Studdert, American Journal of Law & Medicine, February 1, 2009
Researchers from the Harvard School of Public Health, working in coordination with Common Good and the Robert Wood Johnson Foundation, explore the birth-injury compensation programs in Florida and Virginia as models for administrative compensation in medical liability.
No Place to Be Born
Paul Barringer and Richard Berkowitz, New York Sun, August 25, 2008
In an op-ed for the New York Sun, Common Good General Counsel Paul Barringer and Columbia University Medical Center Professor Dr. Richard Berkowitz report on the Ob-Gyn crisis in New York.
Administrative Compensation of Medical Injuries: A Hardy Perennial Blooms Again
Paul Barringer, David Studdert, Allen Kachalia, and Michelle Mello, Journal of Health Politics, Policy and Law, August 1, 2008
Common Good's General Counsel, Paul Barringer, discusses the history of administrative compensation in the U.S.
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
This white paper discusses how policymakers interested in medical liability reform might do well to consider non-legislative approaches, such as voluntary or contractual agreements to submit to arbitration.
Error Reporting and Injury Compensation: Advancing Patient Safety Through a State Patient Safety Organization
Paul Barringer and Allen Kachalia, MD, Wyoming Law Review, August 1, 2008
Paul Barringer and Allen Kachalia examine the potential for state patient safety organizations to improve error reporting and test alternative compensation techniques.
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
Common Good asked authors Elliott, Narayan and Nasmith to discuss the viability of a federal system of administrative medical liability compensation.
Daschle on Health Care and the Global Economy
Joanne Kenen, New America Foundation, July 31, 2008
Former Senate Majority Leader Tom Daschle spoke favorably about health courts in an address he gave on health care issues at the New American Foundation last week. Creating health courts, he suggested, would avoid many of the current litigation problems but still make sure that injured patients were protected and compensated.
AMA President Says N.Y. Needs More Primary Care Physicians
E.B. Solomont, New York Sun, July 14, 2008
In a recent interview, the president of the American Medical Association, Dr. Nancy Nielsen, discusses the challenges facing physicians today. She describes the pressures of medical liability and the need for reform. Nielsen notes medical courts as a promising alternative to our current system.
Reforming Medical Liability (Forum)
Paul Barringer, Issues in Science and Technology, July 1, 2008
Paul Barringer responds to authors Frank Sloan and Lindsay Chepke, noting Common Good's work as it continues to promote alternatives to the current system.
The Jury's Still Out: A Critical Look at Malpractice Reform
William Sage, Margaret Thompson, Cynthia Gorman, Melissa King, Center for American Progress, June 12, 2008
A series of recent articles through the Center for American Progress discuss the ongoing debate surrounding medical malpractice reform. Several of the authors describe the need for more creative, comprehensive reforms, such as health courts, that address both quality and compensation.
Coverage of the Common Good and University of Wyoming College of Law Symposium
April 3, 2008
Press coverage of the two-day forum in Laramie, Wyoming - Healthcare Reform and Patient Safety: Challenges & Opportunities for Medicine and the Law. The event drew several hundred attendees from the area to discuss patient safety challenges facing health care providers in Wyoming, and across the country.
Why Health Courts Could Pick Up Steam
Leslie Kane, Medical Economics, January 4, 2008
An editorial in Medical Economics discusses how health courts offer a promising solution to the medical liability problem.
Coverage of the Common Good Forum in Wyoming - Patient Safety and Reducing Medical Errors: Exploring Options
October 15, 2007
Press coverage of the October 15th public forum in Cheyenne, Wyoming - Patient Safety and Reducing Medical Errors: Exploring Options. Numerous academics, healthcare providers, patient safety advocates and attorneys met to discuss alternatives to the current medical liability system.
Give Health Courts a Fair Shake
Mark Crane, The American, August 20, 2007
Crane suggests that Common Good's proposal for health courts could be the answer to our nation's "medical malpractice mess."
Taking the Pulse of 'Health Courts'
Dick Dahl, The Minnesota Lawyer, July 23, 2007
The Minnesota Lawyer covers recent legislation that could enable the creation of health courts and quotes Common Good General Counsel Paul Barringer.
Health Courts Touted to Fix 'Broken' System
Mark A. Hoffman, Business Insurance, July 9, 2007
Common Good's General Counsel Paul Barringer discusses how the health court proposal is gaining interest amongst policymakers. Members of several leading organizations, such as the American Medical Association and Progressive Policy Insititute, have strongly endorsed the health court proposal.
'Worst of Both Worlds' Hits Insurance
Elizabeth Solomont, New York Sun, July 3, 2007
Common Good's General Counsel Paul Barringer discusses how New York's recent 14 percent rate hike for malpractice insurance is sympotamatic a larger problem. "This is evidence of a system that needs work," Barringer said.
AMA Adopts Principles for Health Courts
AMA Press Release, June 27, 2007
The American Medical Association announced that they are working to adopt and promote guidelines for state-sponsored health courts.
What People are Saying About the Fair and Reliable Medical Justice Act
June 6, 2007
Press coverage of the introduction of the bipartisan Fair and Reliable Medical Justice Act introduced by Sens. Michael Enzi (R-WY) and Max Baucus (D-MT) in the Senate and Reps. Jim Cooper (D-TN) and Mac Thornberry (R-TX) in the House of Representatives
AJP Interview: Finding Solutions for Health Care in the Courts
June 6, 2007
In an audio interview with CG Chair Philip K. Howard, American Justice Partnership highlights health care legislation that could lead to the creation of special health courts.
End the Blame and Shame Game
Paul Barringer and Edward Dauer, Modern Healthcare, May 21, 2007
In a recent Modern Healthcare opinion piece, Common Good General Counsel Paul Barringer and Common Good Colorado President Ed Dauer discuss how the current medical liability system undermines patient safety.
Dedicated Health Courts Can End Malpractice Crisis
Philip K. Howard, Washington Examiner, May 11, 2007
The Washington Examiner featured an op-ed on health courts by Common Good Chair Philip K. Howard.
Pioneering Ideas: Health Courts
Robert Wood Johnson Foundation Blog, May 2007
Pioneering Ideas, a blog created by the Robert Wood Johnson Foundation, featured a series of postings on Common Good's health court proposal.
Bill Bradley Endorses Health Courts
The New American Story, March 2007
In The New American Story, former senator and presidential candidate Bill Bradley endorses Common Good's proposal for health courts.
Health Courts: The Way of the Future?
American Association on Health & Disabilities Newsletter, Winter 2007
AAHD's newsletter profiles CG General Counsel Paul Barringer's efforts to replace our current approach to medical liability with administrative health courts.
Philip Howard’s Op-ed on Health Courts Sparks Debate
Letters to the Editor, Wall Street Journal, January 17, 2007
Common Good Chairman Philip Howard's op-ed in the Wall Street Journal has sparked a terrific debate about health courts in the Journal's "Letters to the Editor."
Health Policy Experts Conclude That Health Courts Will Have Major Advantages For Patient Safety
"Health Courts" and Accountability for Patient Safety
Michelle M. Mello, David M. Studdert, Allen B. Kachalia, and Troyen A. Brennan, The Milbank Quarterly, September 18, 2006
In the latest issue of The Milbank Quarterly, the prominent peer-reviewed health care policy journal, four health care experts explore the idea of “health courts” and their potential implications for patient safety. They conclude that health courts “will have major advantages for patient safety,” and they urge that demonstration projects of health courts be undertaken as “a means of determining, at relatively low risk, whether the asserted benefits of health courts will materialize.”
Another Way on MedMal?
Mary Agnes Carey, CQ HealthBeat, July 13, 2006
Witnesses at a recent hearing held before the U.S. House Committee on Energy and Commerce “said the current medical malpractice system helps few of the patients it is intended to serve, does little to encourage providers to disclose medical errors and has created an environment of ‘defensive medicine’ where physicians and other health care providers order extra tests and procedures, which in turn drive up health care costs,” reports Congressional Quarterly’s HealthBeat.
Beyond Medical Tort Caps
Laura Gilcrest, UPI, July 13, 2006
Reporting on the hearing before the U.S. House Committee on Energy and Commerce on proposed reforms to our medical malpractice system, Laura Gilcrest of United Press International notes that “lawmakers agreed Thursday [July 13th] that the status quo isn’t working and the ultimate losers are the patients.”
Hospitals Press for Solutions to Rising Liability
Lucy Ament, AHA News Now, July 10, 2006
AHA News reports that the “Reliable Medical Justice Act” (S. 1337), sponsored by Senators Enzi (R-WY) and Baucus (D-MT), which could lead to funding of health court pilot projects, incorporates a number of concepts being explored by the American Hospital Association’s Task Force on Liability Reform.
Analysis: See you in health court?
Olga Pierce, UPI, July 7, 2006
In keeping with the creation of specialized courts to handle other types of complicated disputes, such as bankruptcy and labor disputes, “a growing chorus of voices is calling for the establishment of a health court with jurisdiction over medical malpractice cases,” reports United Press International.
Patient Safety & Health Care Quality Leaders Support Health Court Pilot Projects
July 5, 2006
Common Good recently announced that six leaders in patient safety and health care quality are calling for pilot projects for special health courts. Last month, six of the nation's leading academic hospital centers and health systems also voiced their health courts and volunteered to participate in pilot projects.
It's Time for Special Health Courts in New York
Richard M. Peer, The Buffalo News, June 26, 2006
In an opinion piece in The Buffalo News, Dr. Richard M. Peer, president of the Medical Society of the State of New York, writes that “[i]t's time to give health courts a chance” because “[t]he current medical justice system is not working for doctors or for patients.”
Senate Hearing Considers Health Court Model To Help Reduce Medical Malpractice Insurance Costs
CQ HealthBeat in the Kaiser Daily Health Policy Report, June 23, 2006
The Kaiser Daily Health Policy Report reports that the Senate Health, Education, Labor and Pensions Committee held a hearing on bill S 1337, sponsored by Sens. Mike Enzi (R-WY) and Max Baucus (D-MT), which would authorize the HHS secretary to fund state demonstration projects to test three malpractice dispute resolution models, one of which is special health courts.
Healthcare Leadership Council Supports Enzi-Baucus Bill Funding Health Court Pilot Projects
June 22, 2006
In a statement by Mary R. Grealy, President of the Healthcare Leadership Council, a coalition of chief executive of the nation's leading health care companies and institutions, announced that the Council supports S. 1337, the Fair and Reliable Medical Justice Act, which would authorize pilot health court projects.
Leading Hospitals Express Support for Health Court Pilot Projects
June 22, 2006
Six prominent hospitals and academic health centers have expressed their strong interest in serving as pilot projects for special health courts. In an ad appearing in the New York Times, these institutions state that the erratic nature of our current system of medical justice “infects healthcare with a debilitating distrust that drives doctors out of practice, increases costs, and contributes to unnecessary errors.” Health courts, both they and Common Good contend, offer the promise to correct these failings – and pilot projects are the “first step” in implementing them.
Trial Lawyers, Inc., Is an Economic Disease
Deroy Murdock, National Review Online, May 30, 2006
In his National Review column, contributing editor Deroy Murdock recommends Common Good’s proposal for special health courts as a solution to the ills of the current medical malpractice system, which drives up health care costs and restricts access to care.
American Needs a New System of Medical Justice
Philip K. Howard, Bulletin of the American College of Surgeons, May 2006
In the latest Bulletin of the American College of Surgeons, Common Good Chair Philip K. Howard relates that “[r]estoring reliability to health care justice … requires questioning the one assumption that, until recently, no one dared even discuss: the role of the jury.”
Michigan Needs Special Health Courts
Edward A. Loniewski, DO, Michigan Forward, May 2006
In a piece for the Michigan Forward, Edward A. Loniewski, DO, past president of the American Osteopathic Association and the Michigan Osteopathic Association, argues that “Michigan needs special health courts” to remedy the flaws of the current medical justice system.
Special Health Courts Could Heal State's Liability Costs
Alan M. Mindlin, M.D., The Detroit News, March 2, 2006
In an opinion piece for The Detroit News, Dr. Alan M. Mindlin, president of the Michigan State Medical Society, touts Common Good’s proposal for special health courts as “an intelligent proposal that is just the prescription we need to cure the medical liability crisis.”
Washington State Looking Towards Health Courts
"States tackle issue from all angles" and "Losing the patient"
Brad Shannon; Nina Shapiro, The Olympain; Seattle Weekly, March 1, 2006
After the recent failure of two malpractice reform initiatives, one supported by lawyers and the other by doctors, and despite a compromise malpractice bill recently brokered by the state’s governor, Christine Gregoire, Washingtonians are increasingly looking towards health courts as a more complete solution to the state’s broken medical malpractice system – one that will benefit both providers and patients alike.
Juryless Health Courts Could Stabilize 'Crisis'
Philip K. Howard, The Wall Street Journal, February 28, 2006
In a letter to the editor, Common Good Chair Philip K. Howard writes that the recent ABA resolution opposing health is simply the organization protecting the interest of its members who benefit from the structure of the current malpractice system.
ABA Rejection of Special Health Courts Sparks Clash
Leonard Post, The National Law Journal, February 27, 2006
Code Blue: The Case for Serious State Medical Liability Reform
Randolph W. Pate, J.D., M.P.H., and Derek Hunter, The Heritage Foundation, January 17, 2006
‘A Lose-Lose’ System of Care
Bill McKelway, Richmond Times-Dispatch, December 31, 2005
In a Richmond Times Dispatch news analysis, Bill McKelway discusses the flaws in the “malpractice minefield.”
Philip K. Howard Comments on New Yorker Article, "The Malpractice Mess"
The New Yorker, December 26, 2005
The Economist Calls Health Courts A Sensible Idea
Scalpel, Scissors, Lawyer
The Economist, December 14, 2005
Thinking Outside the Jury Box: Another Tort Reform Answer
Some legal and health care observers are proposing health courts as a solution to the medical liability crisis.
Mike Norbut, American Medical News, November 14, 2005
A recent article in American Medical News, an AMA publication, confirms that the idea of health courts as “a solution to today's much-maligned medical liability system” is “gaining traction in Congress.” "The idea,” they write, “is to design an efficient, consistent system with decisions based on scientific evidence rather than emotion.”
TED Launches New Blog to Raise Awareness of Problems with Our Nation's Medical Justice System
Blog Highlights Proposed Solutions Including Common Good’s Proposal to Establish Health Courts
Common Good Press Release, November 7, 2005
TED (Technology, Entertainment, Design) has launched a blog entitled, “ThisMakesMeSick.com” to highlight problems afflicting medical justice in this country. The blog encourages consideration of several possible solutions, including the proposal to establish special health courts championed by Common Good.
Malpractice: A Medical Crisis
It’s Time for Special Health Courts in Pennsylvania
Dr. William W. Lander, Tribune-Democrat, October 14, 2005
An editorial in the Tribune Democrat by Dr. William W. Lander, president of the Pennsylvania Medical Society, endorses Common Good's proposal to create special health courts as "one of the most promising solutions" to the failures of our current unreliable medical justice system.
Steve Forbes Endorses Special Health Courts
Forbes Magazine, September 29, 2005
Washington Examiner Discusses Need for Health Courts
Editorial, Washington Examiner, September 9, 2005
An editorial in the Washington Examiner endorses the bipartisan proposal to establish special health courts as a way of bringing back fairness and reliability to the medical justice system.
States’ Role on the Healthcare Stage
The New American, September 5, 2005
This cover story, entitled States’ Role on the Healthcare Stage, describes Common Good’s health courts proposal and cites the proposal’s ability to “discourage frivolous lawsuits.”
Editorial
Trustee Magazine, September 1, 2005
This editorial in Trustee Magazine discusses the growing support for health courts in numerous states throughout the country.
Health Courts Endorsed in Wall Street Journal
Betsy McCaughey, The Wall Street Journal, August 24, 2005
A new Wall Street Journal editorial by Betsy McCaughey, the former Lt. Governor of New York and chairman of the Committee to Reduce Infection Deaths, endorses the creation of special health courts.
Boston Globe Calls Attention to Common Good's Health Court Proposal
Kristin Eliasberg, Boston Globe, August 21, 2005
In an in-depth article, the Boston Globe calls attention to Common Good's proposal to create special health courts to restore reliability to the medical justice system.
Special Courts for Medical Lawsuits Could Ease the Malpractice Crisis
Dan F. Kopen, The Citizen’s Voice, August 8, 2005
In his opinion piece, Doctor Dan F. Kopen recommends a “paradigm shift” in the tort system.
Malpractice Courts Eyed by Doctors
Bill McKelway, Richmond Times-Dispatch, July 23, 2005
Richmond Times Dispatch journalist Bill McKelway evaluates the newly introduced Fair and Reliable Medical Justice Act.
Billings Gazette: New ideas needed on malpractice
Editorial, Billings Gazette, July 22, 2005
An editorial in the Montana paper endorses the Fair and Reliable Medical Justice Act, proposed by Senators Enzi and Baucus, as an effective way of streamlining the current malpractice system. The piece discusses how the rising costs of malpractice insurance and fear of litigation has critically affected the quality of healthcare in Montana.
The Star-Ledger: Health Courts are worth a try
Editorial, The Star-Ledger, July 18, 2005
An editorial in NJ's The Star-Ledger supports the establishment of special health courts as a means of combating the current crisis in medical tort legislation. The piece describes the Fair and Reliable Medical Justice Act proposed by Senators Mike Enzi (R-WY) and Max Baucus (D-MT) as worthy of consideration and shows how similar specialized courts have already been successfully established in New Jersey.
Tort Reform
Editorial, South Florida Sun-Sentinel, July 10, 2005
In an editorial, the South Florida Sun-Sentinel endorses the Fair and Reliable Medical Justice Act.
USA Today: "Heath Courts" Offer Cure
Editorial, USA Today, July 4, 2005
An editorial in USA Today endorses the idea of special health courts and makes the case for restoring fairness and reliability to the medical justice system. Showing their support for the Fair and Reliable Medical Justice Act recently introduced by Senators Mike Enzi (R-WY) and Max Baucus (D-MT), the piece highlights the crisis in medical tort litigation and argues that health courts would provide an effective alternative to the current system.
Bipartisan Legislation to Create Special Health Courts is Introduced in U.S. Senate
The Bill, Advancing an Idea Championed by Common Good, Would Authorize Funding for States to Create Health Courts on a Pilot Project Basis
Common Good Press Release, June 30, 2005
Senators Michael Enzi (R-WY) and Max Baucus (D-MT) have introduced legislation in the U.S. Senate to create special health courts on a pilot project basis. The bill is backed by a broad coalition of patient advocates and providers and responds to the Institute of Medicine's call for the development of alternatives to current medical tort litigation.
‘Health Courts’ Touted as Malpractice Claim Option
Mark A. Hofmann, Business insurance, June 13, 2005
This article summarizes the basic elements of a health court system proposed in the Medical Liability Procedural Reform Act of 2005.
Health Courts Could Solve Malpractice
Andrew Damstedt, The Washington Times, June 9, 2005
An article in The Washington Times reports that health courts may be “an effective approach to solve the problem of how best to reform medical-malpractice litigation.”
Defensive Medicine Widespread, with Serious Consequences
David M. Studdert, William M. Sage, et al., Journal of the American Medical Association (JAMA), June 1, 2005
According to a new study published in the Journal of the American Medical Association, 93 percent of Pennsylvania physicians report practicing defensive medicine.
Health Court Creation Gains Diverse Support
Adriel Bettelheim, CQ Weekly, May 9, 2005
Widespread support for health courts is building throughout Congress, according to a CQ Weekly article.
Health Courts Debated as Tort Alternative
Phil Turner, United Press International, May 5, 2005
Coverage of "Health Courts: Exploring the Concept," a forum co-hosted by Common Good, the AEI-Brookings Joint Center for Regulatory Studies, and the Harvard School of Public Health.
Let's Create Health Courts
Paul Barringer, The National Law Journal, May 2, 2005
In a special to The National Law Journal, Common Good general counsel Paul Barringer lays out the argument for special health courts and discusses the growing support from healthcare and patient safety experts and from political leaders on both sides of the aisle.
Let Doctors Think Like Doctors
Daniel Henninger, Nightly Business Report (WPBT-TV Miami), April 28, 2005
Daniel Henninger, Deputy Editor of the Wall Street Journal editorial page, joins other prominent media figures in endorsing special health courts.
Thornberry Bill Touts Health Courts
Greg Cunningham, Amarillo Globe-News, April 14, 2005
The Amarillo Globe-News reports that Representative Mac Thornberry (R-TX) has introduced a bill that would initiate the development of pilot health courts.
Thornberry Introduces Legislation to Create Special Health Courts
April 12, 2005
Representative Mac Thornberry of Texas has introduced legislation in the House that would authorize funding for states to create special health courts on a pilot project basis.
Radical Surgery Is Urged for Medical Malpractice
Ricardo Alonso-Zaldivar, Los Angeles Times, April 5, 2005
The Los Angeles Times reports that "a growing number of healthcare organizations, patient advocacy groups and others" are calling for "fundamental change" to the current system of medical justice.
Health Courts Could Restore ‘Medical Justice’
Paul Barringer, National Medical Association News, Spring 2005
Common Good general counsel Paul Barringer discusses the inconsistency of juries in medical malpractice trials, and the inability of the current system to adequately compensate patients.
Medical Liability Problems Reaching Crisis Level
Dave Levitan, Orthopedics Today, April 1, 2005
Orthopedics Today discusses Common Good’s health court initiative.
New Health Courts Would Aid Injured
Gregory D. Pawelski, Lebanon Daily News, March 30, 2005
A letter to the editor of the Lebanon Daily News recommends Common Good’s proposal for special health courts as a solution to the problems with our current medical justice system.
The Doctor’s Court? Debate between Philip K. Howard and Stephanie Mencimer
Debate Club, March 14, 2005
In this online debate, Common Good founder and chair Philip K. Howard argues for the benefits of health courts, while Stephanie Mencimer, a contributing editor of The Washington Monthly, voices her concerns about Howard’s system.
The Changing Face of Medical Liability
Therese Droste, State Health Notes, March 7, 2005
"Could caps on damages become passe?" That's the question posed in this cover story featuring Common Good's proposal to create special health courts.
Multiple Strategies Can Control Malpractice
Thomas D. Kaminski, M.D., Diagnostic Imaging, March 1, 2005
In his letter to the editor, Thomas D. Kaminski advocates the creation of health courts, calling them “real and lasting reform” for the medical justice system.
The Malpractice Mess
Editorial, St. Louis Post-Dispatch, February 28, 2005
An editorial in the St. Louis Post-Dispatch calls for massive reform in the tort system, which has proven incapable of hindering medical errors or compensating patients in an adequate and timely manner.
And Now, Yet another Solution to Spate of Malpractice Suits
Amy Reeves, Investor’s Business Daily, February 22, 2005
In this interview with Investor’s Business Daily, Common Good founder and chair Philip K. Howard discusses the specific elements of Common Good’s proposal for special health courts, and the plan for implementation of such a system.
Medical Courts Could Ease US Malpractice Crisis, Group Says
Jeanne Lenzer, BMJ.com (British Medical Journal), February 19, 2005
This article discusses the Robert Wood Johnson Foundation’s grant to Common Good and the Harvard School of Public Health to develop and promote a model for special health courts, courts devoted exclusively to resolving medical injury cases.
Progressive Policy Institute Endorses Special Health Courts
February 17, 2005
A policy report from the Progressive Policy Institute (PPI), co-authored by PPI Senior Fellow David Kendall and former Common Good Senior Advisor Nancy Udell, calls for "a new network of specialized health courts that would replace America's broken justice system."
Expert Roundtable Convened by JCAHO Calls for a New System of Medical Justice
February 10, 2005
An expert roundtable convened by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) is calling for exploration of alternatives to the current medical liability system. The roundtable included Common Good chair Philip K. Howard.
Medical Liability System Hinders Improvements in Patient Safety: Joint Commission Expert Panel Offers Solutions to Crisis
Charlene D. Hill, Joint Commission News Release, February 10, 2005
In a press release, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) announced the publication of its white paper on reforming the medical liability system with an emphasis on “the critical importance of open communication” in the patient-doctor relationship.
States Mull ‘Med-Mal’ Courts; Special dockets said to produce efficiency, but critics knock absence of juries; Sympathetic Jurors
Lindsay Fortado, Massachusetts Law Tribune, February 10, 2005
The article describes the growing trend of states turning toward health courts as an alternative to the current tort system for medical injury disputes.
More than 80 Prominent Leaders Endorse Special Health Courts
February 7, 2005
Common Good has announced that more than 80 of the nation's most prominent leaders in healthcare and law have endorsed the creation of special health courts as a way of restoring reliability to medical justice.
Nationally Syndicated Columnist Endorses Common Good Proposal
Stuart Taylor, Jr., The National Journal, January 29, 2005
Burning Questions
Carol Ann Campbell, The Star-Ledger, January 19, 2005
In this interview, Common Good Chair Philip K. Howard discusses the implications of health courts for health care.
New York Times: It’s Time to Try Special Health Courts
Editorial, The New York Times, January 9, 2005
The New York Times has called on Congress to launch a "wide range of demonstration projects," including special health courts, to solve the problem of unreliable medical justice.
Howard Speaks at White House Economic Conference
December 15, 2004
Common Good chair Philip K. Howard was invited by the President to speak at the White House Economic Conference on December 15, 2004.
Dispelling Malpractice Myths
William R. Brody, The Washington Post, November 14, 2004
An op-ed by Common Good Advisory Board member William R. Brody.
The Detroit News Endorses Special Health Courts
The Detroit News, October 28, 2004
The Detroit News endorses Common Good's proposal to create special health courts.
Howard Argues for Reliable Medical Justice
PBS, The News Hour with Jim Lehrer, October 22, 2004
Bipartisan Coalition Uniting Behind Special Health Court
September 29, 2004
Yale Professor Endorses Common Good Proposal
"Expert Medical Courts: An Idea Whose Time has Come"
Charles J. Lockwood, MD, Contemporary OB/GYN, September 1, 2004
Charles Lockwood, Chair of the Department of Obstetrics and Gynecology at the Yale University School of Medicine, endorses Common Good's proposal to create special health courts.
Senate Majority Leader Bill Frist Calls for the Creation of Special Health Courts
July 19, 2004
Speaking at the National Press Club on July 12, 2004, U.S. Senate Majority Leader William H. Frist, M.D., (R-TN) endorsed the creation of special health courts as part of a patient-centered health-care system. "The practice of medicine is about providing the best possible care for patients," Frist said. "We can't achieve that by making doctors and nurses the enemy . . . and paralyzing them with fivolous lawsuits."
Cure for the Health Care Crisis
Specialized courts could create clear standards and greater reliability
Former CG Executive Director Jeffrey Pariser, Legal Times, June 28, 2004
In this op-ed, former CG Executive Director Jeffrey Pariser sets forth the primary goals of CG's proposal to create a special health court: patient safety, access to health care, and accountability.
An Endless Cycle of Litigation
from "Doctor's Testimony Leads to a Complex Legal Fight"
Adam Liptak, The New York Times, June 20, 2004
CG Chair Philip K. Howard discusses the impact of litigation on health care.
Majority of Americans Support Creating Special Health Courts
June 14, 2004
According to a new national survey conducted by Harris Interactive and commissioned by Common Good, nearly 2 out of every 3 Americans (62%) favor having medical malpractice cases decided by special health courts.
A Case for Medical Justice
Philip K. Howard, The Philadelphia Inquirer, May 16, 2004
To ensure consistency in awards, malpractice suits should be reserved for judges with special training.
Saving the Doctor-Patient Relationship
"Doctors Fees Try Their Patients"
Carole Fleck, AARP Bulletin, May 2004
Former CG Director of Policy Nancy Udell tells the AARP Monitor that our dysfunctional legal system harms doctor-patient relations.
In Wisconsin, CG Chair Philip K. Howard Makes the Case for Reliable Law
Rick Barrett, Milwaukee Journal-Sentinel, April 28, 2004
Breaking Point: Why Doctors Quit
Fox News Channel, April 18, 2004
CG Chair Philip K. Howard appeared in "Breaking Point: Why Doctors Quit," a Fox News Channel documentary.
American Medical Association Awards Presidential Citation to Philip K. Howard, CG Chair
March 29, 2004
Former CG Executive Director Jeffrey Pariser Promotes Medical Court in Illinois
March 10, 2004
Malpractice Plague Needs a Rapid Cure
Richard Schwartz, The Daily News, February 12, 2004
Op-ed calls for a “rapid cure” to America's medical malpractice crisis, endorsing Common Good's proposed medical court as a ground-breaking solution.
Heal the Law, Then Health Care
Troyen A. Brennan and Philip K. Howard, The Washington Post, January 25, 2004
"The legal system today is a string of ad hoc decisions, jury by jury, with no rulings of right and wrong and no guidance on where to improve."
The Charles Cullen case and fear of lawsuits
December 20, 2003
Discussion of legal fear in America on NPR's Talk of the Nation
December 18, 2003
Starting the Tort Reform Dialogue
William Tucker, The New York Sun, December 10, 2003
In response to the Newsweek cover story "Lawsuit Hell," an analysis of the current debate on legal reform.
Responses to the Newsweek cover story "Lawsuit Hell."
December 8, 2003
With the release of the Newsweek cover story on lawsuits, national attention was focued on the impact of legal fear. The response to the Newsweek story has been overwhelming. Here we summarize some of the more important recent media coverage.
Lawsuit Hell: How Fear of Litigation Is Paralyzing Our Professions
NEWSWEEK, December 8, 2003
Cover story on legal fear in America.
Moving Beyond the Blame Game
Karen Ignagni, Frontiers of Health Services Management, October 1, 2003
An article by the president of American Association of Health Plans echoing Common Good's call for a reliable system of medical justice.
Reforming the Malpractice System
Lawrence E. Smarr, Frontiers of Health Services Management, October 1, 2003
The President of PIAA discusses ways to reform the current malpractice system, highlighting special medical courts.
Trial and Error
Michael Romano, Modern Healthcare, September 7, 2003
An article on medical malpractice reform addresses the idea of a special medical court.
Common Good on the Today Show
August 7, 2003
CG Chair Philip K. Howard discusses creating special medical courts.
An End to the Nuisance
The Economist, August 1, 2003
In an article describing the extent of America's medical malpractice crisis, The Economist raises the idea of special medical courts, citing Senator Michael Enzi's bill.
Senator Mike Enzi Introduces the "Reliable Medical Justice Act"
July 31, 2003
The Best Course of Treatment
Philip K. Howard, The New York Times, July 21, 2003
"Doctors and patients aren't natural enemies. They've been driven apart by an unreliable system of justice that tolerates both abusive claims and bad care, breeding distrust on both sides."
Medical Courts Would Heal Infirmities of Legal System
Betsy McCaughey, Investor's Business Daily, July 17, 2003
An editorial echoing Common Good's call for a special medical court
Support Safer Care
Margaret E. O'Kane, The Baltimore Sun, July 12, 2003
Op-ed by CG Advisory Board member Margaret O'Kane in support of a national patient safety database.
Statement of U.S. Senator Mike Enzi on Medical Liability Reform
July 9, 2003
Yes, It's a Mess - But Here's How to Fix It
Philip K. Howard, Time Magazine, July 2, 2003
TIME Magazine's cover story, "The Doctor is Out", takes an in-depth look at the effects of the rising costs of malpractice insurance with stories from doctors, patients, insurers and lawmakers. In a featured editorial, Common Good's Chair Philip K. Howard offers a solution to the growing malpractice crisis.
Caps Are Just the First Step in Curing Malpractice Woes
Roy Holton, The Allentown Morning Call, June 10, 2003
Philip K. Howard and Common Good are featured in this op-ed on medical malpractice reform in Pennsylvania.
California Model Shows Ways To Go
Meron J. Levitats, M.D., South Florida Sun-Sentinel, June 9, 2003
Philip K. Howard's editorial in TIME magazine is cited in this editorial which proposes that Florida adopt the California model of medical liability.
Advocating a New System of Medical Justice
CG Director of Policy outlines proposal for a special medical court.
Physician's News Digest, June 2003
Medical Liability Reform Urged, Strategies Offered
Kate Johnson, Ob.Gyn. News, June 1, 2003
Coverage of CG Chair's speech the the American College of Obstetricians and Gynecologists at their annual meeting.
Caps May Not Cut Insurance Rates
Adam Smeltz, Centre Daily Times, May 1, 2003
Virginia Doctor Responds to Largest Malpractice Verdict in State History
April 27, 2003
Editorial echoes Common Good themes and cites the Common Good/Harris poll on "Fear of Litigation."
Philip K. Howard on Court TV's "Catherine Crier Live"
Common Good's chair discusses the petition for medical courts.
April 16, 2003
Legal Locusts Will Still Harm Health Care
Steve Forbes, Forbes, March 31, 2003
Health Court Proposal Outline Pro & Con: Is the Insurance Cycle Responsible for Rising Malpractice Premiums?
Nancy A. Udell and Robert J. Hunter, Family Practice Management, March 1, 2003
Informe: Las cifras de la mala praxis
Argentine Health Care Magazine Covers Common Good
Paula Soler, Redacción Buenafuente.com, February 28, 2003
Malpractice Debate, Is There No Common Ground?
Jeff Forster, The Bergen County Record, February 2, 2003
Piece outlines Common Good's proposal for a medical court.
An Urgent Call for a Reliable System of Medical Justice
The New York Times, February 2, 2003
Legal Malpractice
Philip K. Howard, The Wall Street Journal, January 27, 2003
"Who's in charge today? No one. No judge, legislature, or agency is making deliberate judgments of what is reasonable care and what is not."
A Legal Crusader's Solution to the Malpractice Mess
Interview with CG Chair Philip K. Howard
Wayne J. Gugliemo, Medical Economics, January 24, 2003
Restore Reliability to Medical Justice
Nancy Udell, American Association of Neurological Surgeons Bulletin, January 1, 2003
CG director of policy makes the case for a new system of medical justice and for a special medical court
The Death of Common Sense
Philip K. Howard, Ob. Gyn. News, January 1, 2003
"For every lawsuit, there are millions and probably billions of decisions made or not made, reasonably, every day, because of fear of the system. It has literally changed our culture."
Is the Legal System Broken?
The New York Times, The Washington Post, December 26, 2002
Common Good Advertorial: "Reform is desperately needed but must go much further than capping excessive awards. Reform must restore reliability to law."
The Wrong Approach to Gain Better Healthcare
Philip K. Howard, St. Petersburg Times, November 10, 2002
"Restoring reliability to medical justice requires a kind of legal revolution, in which legislatures and judges, perhaps in a special medical court, begin again to make deliberate judgments about what's right and what's wrong, about what's fair and what's not."
Everybody Loses
Philip K. Howard, Daily News, September 29, 2002
"Open the door to litigation over fairness after a mass tragedy, and no one will ever be satisfied."
Excessive Jury Awards Endanger Medical System
Newt Gingrich, USA Today, August 13, 2002
An op-ed on the effects of medical malpractice by CG Advisory Board member, Newt Gingrich.
There Is No Right to Sue
Philip K. Howard, The Wall Street Journal, July 31, 2002
"The point of law is not to let anyone sue for anything. Law's goal is closer to the opposite: to draw the boundaries of who can sue for what."
Model Medical Injury Court Act | 
