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April 12, 2006

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anonymous

Medical malpractice actions in the U.S., not based on arbitration, are obligated to proceed through the present adversarial tort system. This court-based system requires expert testimony since the jury pool is considered per se to be unable to fully evaluate technical medical questions.

I don't neccessarily think the present system is bad.

That said, an avenue for improvement that I see includes health courts with their own panel of trained judges, registered (through the subject court) medical experts, and bench trials (no jurors).

Another possibility is for the colleges, possibly through the American Board of Medical Specialities, to create a "board certification" in medical experts.

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Great to see a collection of blog posts that includes thoughtful and perceptive commentary.Keep up the great work

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