“Health courts” are a terrible, anti-patient and highly controversial
that has gotten no traction whatsoever at the state level. Consumer groups
and victims are strongly opposed to them, even
though this point is often drowned-out of slick presentations by health court
Health courts force all medical malpractice cases into an administrative system based on the disastrous workers comp model (a new bureaucracy would need to be created), but they are worse since patients would still have to prove a form of negligence and the decision-makers would come from medical community with clear conflicts of interest. The right to jury trial is eliminated, which the public does not support. There are few accountability mechanisms, few procedural safeguards, and no meaningful appeals process. There may be schedule of benefits (so much for a foot, a lung), and a severe cap on non-economic damages (or they may be eliminated altogether). These hardships, coupled with the burden of having to prove fault or “causation,” render the injured patient virtually powerless and at the mercy of the insurance and medical industries.