"This isn’t doctors against lawyers,” said Dan Kopen, M.D., an independent general surgeon in Kingston, PA. “It’s people who have a vested interest in the current system versus people who want something better for the population in general…. There are doctors who are becoming very wealthy as part of the current system because they provide expert testimony on a regular basis,”
Alright, we knew that, but this is what was news to us: “One of the biggest national brokers for expert medical testimony — Berkeley, Calif.-based American Medical Forensic Specialists Inc. — said it has a nationwide network of about 7,500 expert doctors and they bill hourly rates of $400 to $500, depending on the type of doctor needed.” Read [Scranton Times]
I want a slick corporate lawyer and a stethoscope-sportin’ med expert to arm wrestle on pay-per-view.
There is simply too much money involved in the medical liability world. Scrap the high-paid experts. Do away with the 40% cut-getting attorneys. Give us a better way. Someone. Somewhere. PLEASE!
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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