[Anecdotes] If judges can practice medicine, why can’t doctors decide malpractice cases?

8213432552_fd1a8cc461Judge Michael Baylson has ruled that a second child awaiting a lung transplant in a Philadelphia hospital must be considered for adult lungs, sidestepping the current policies of the United Network for Organ Sharing (UNOS). While this is great news for those 2 kids and their families, ? I discussed that in detail yesterday.

This most recent news has me thinking instead: if judges can decide who gets a lung transplant (in effect practicing medicine) why can’t doctors decide the outcome of medical malpractice cases? As long as the line dividing law and medicine is going to be crossed, shouldn’t it be crossed in both directions? Besides, many have already argued for health courts as opposed to the traditional courts for medical malpractice verdicts. Who is better to decide whether or not care was appropriate or not than other physicians?

I went back and which unfortunately was devoid of any substantial information on “health courts.” There was some mention of pre-trial screening panels. Of the 9 studies reviewed, only one had results supporting the use of pre-trial screening panels as a mechanism to possibly lower liability insurance premiums for doctors. Ultimately, there was no evidence for decreased claim payouts, decreased claim frequency, or increased in physician supply.

In an updated policy brief, the RWJF reported on one study that “found that pretrial screening panels were associated with lower defensive medicine in obstetrical care.”

It is too bad we do not have better evidence about how to handle the debate over medical malpractice. So far, the evidence to date only supports caps on non-economic damages. You can download . While the health policy, transplant, and medical ethics communities anxiously await a meeting Monday of UNOS’ Organ Procurement and Transplantation Network executive committee to determine the updated science behind the policy separating children under 12 years from adolescents and adults in need of new lungs, I hope that Judge Baylson will also consider allowing doctors to decide cases of medical malpractice.

 

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