Administrative 'health courts' for medical injury claims: the federal constitutional issues.
Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal c...
| Publicado en: | Journal of Health Politics, Policy & Law Vol. 33; no. 4; pp. 761 - 799 |
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| Autores principales: | , , |
| Formato: | Journal Article |
| Publicado: |
Duke University Press
Aug2008
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ccm&AN=105547743&site=ehost-live header: @attributes: shortDbName: ccm uiTerm: 105547743 longDbName: CINAHL Complete uiTag: AN controlInfo: bkinfo: dissinfo: jinfo: jid: 03616878 HPP jtl: Journal of Health Politics, Policy & Law issn: 03616878 maglogo: N pubinfo: dt: Aug2008 vid: 33 iid: 4 pid: 154 pub: Duke University Press place: Durham, North Carolina artinfo: ui: 105547743 105547743 2009977504 10.1215/03616878-2008-015 NLM18617674 105547743 ppf: 761 ppct: 38 formats: fmt: @attributes: type: P tig: atl: Administrative 'health courts' for medical injury claims: the federal constitutional issues. aug: au: Elliott ED Narayan SA Nasmith MS affil: Yale Law School sug: subj: Government Insurance, Liability Legislation and Jurisprudence Liability, Legal Economics Malpractice Legislation and Jurisprudence Civil Rights Economics Courts Human Rights Economics Insurance, Liability Economics Malpractice Economics Policy Making United States ab: Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative 'health courts.' In doing so, we address the following constitutional issues: Is there federal authority to preempt state law (the commerce clause and spending clause issues)? May jurisdiction be created in non - article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? Would pilot programs that require some claims to be pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute is appropriately drafted and that appropriate factual findings are made concerning the benefits to patients and the public as well as to doctors and their insurers. pubtype: Academic Journal doctype: Journal Article ougenre: Article language: English refInfo: holdings: @attributes: islocal: N |
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