Thursday, December 16, 2004

"Med-Mal" Courts

An Ohio Lawyers Weekly article (subscription required) says "for those pushing for tort reform in Ohio, it looks like juries have already done the job."

1999, the article says, "could probably be the poster child for tort reform when jurors in 19 cases returned million-plus verdicts for a total of $128 million.... In 2003, only 10 plaintiff attorneys reported verdicts exceeding $1 million, and a total take of $61 million amounted to 55% free fall from 2002 when juries turned in 20 verdicts that topped $1 million and, all tolled, amounted to $111.13 million."

Medical Malpractice & wrongful death cases dominated the list.

An article on Medical News Today last Sunday reported that "70% of Maryland's OB/GYNs have been sued at least once for malpractice, with the average settlement exceeding $1 million."

And a Law.Com article (subscription also required) meanwhile foreshadows that "as debate over 'tort reform' continues across the country, several states are considering the creation of medical malpractice courts to help streamline what many view as costly, complex litigation...
"... Courts would likely be designed to eliminate juries and allow judges with medical expertise to decide cases, possibly with the help of court-appointed experts..
"While a medical malpractice court has yet to be created, the idea is being debated in at least four states-- Illinois, Maryland, Massachusetts and Pennsylvania-- through either legislation, budget maneuvers, or proposed pilot programs.

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