Health Courts: Will Patients Be Heard?

Under health courts, will it be easier or harder for injured patients to file claims and receive compensation?

Health courts will make it easier for patients to file claims as logistical and economic barriers are lowered. Specialized courts will be more efficient at processing medical injury claims, lowering administrative costs and requiring less attorney time.

What standard will be used to determine whether injured patients receive compensation? How does the avoidability standard differ from negligence?

Under the health court system, injured patients will be compensated using a liberalized standard known as “avoidability.” Under this standard, injuries will be compensated if they were caused by treatment (or the lack of treatment) and they could have been avoided if best practices had been followed. Avoidability represents a more expansive standard of liability than negligence, and could help to expand access to compensation for injured patients. More importantly, it will help improve patient safety and quality of care because it reduces the emphasis on individual fault and acknowledges the role of system failures in contributing to injuries.