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Special Medical Malpractice Courts
In the midst of the medical liability crisis and a nationwide movement toward tort reform, including caps on non-economic damages, a new player has appeared on the scene. The “Fair and Reliable Medical Justice Act,” S. 1337, was introduced to the U.S. Senate in July 2005 in a bipartisan effort led by Sens. Michael Enzi (R-WY) and Max Baucus (D-MT). The stated purposes of the Act are: “1) to restore fairness and reliability to the medical justice system by fostering alternatives to current medical tort litigation that promote early disclosure of health care errors and provide prompt, fair, and reasonable compensation to patients who are injured by health care errors; 2) to promote patient safety through early disclosure of health care errors; and 3) to support and assist States in developing such alternatives.”
What the Act Calls For
The Act amends the Public Health Service Act (42 U.S.C. ' 280g et seq.) by granting the Secretary authority to award grants to states for the “development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations.” Specifically, the Act would permit the Secretary to award up to 10 grants, not to exceed more than 5 years each.
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