Justice for All through Health Courts

     

          The NP/PA communities should become a catalyst, and agents of change when pursuing real Tort Reform initiatives. By joining and endorsing the national trend of replacing our flawed and inefficient Tort System at the legislative level not only would we systematically level the field, but would also improve the legal access if not the representation of all patients aggrieved. It should be clear to us that the current system is biased toward mega verdicts & truthfully out of control.

      As a Trier of fact (i.e. medical reviewer, expert witness, etc) on alleged PA med-mal allegations for the past 25 years I have seen the devastating professional & personal effects our current “adversarial” system has had on many clinicians and patients alike.

      I have seen the “stigmatized” (non-wrongdoing) PA struggle throughout their careers after their insurer settled a case because it was cheaper than going to trial. Conversely, the reality also tells us of many patients who have been aggrieved, & yet can not recover monetary compensation because their recovery will be minuscule in the eyes of the plaintiff’s attorney(s). And while the Patient-Safety Movement has raised awareness & eroded “the blame culture”, & capped imposition on med-mal awards this has not provided much relief. The truth remains they both still fall short of effectively reforming our judicial system. Yet, despite the battles across the aisle, Health Courts appear as a much more robust overlooked, and promising solution to this dilemma. Thus, leveling the odds better and establishing equity for all involved.

       Begrudgingly those with self-serving agendas would love nothing more than to eliminate this enlightened view of justice deliverance (Health Courts) or at the very least continue with the status quo so their profit coffers don’t dwindle.

       If we seek to be patient advocates then we can no longer afford to be paternalistic nor disengaged, or indifferent to the plight of our patients. We (PAs) should / must endorse & support the establishment of a patient-centric judicial system. One where compassionate & rational justice is delivered; one known as Health Courts where logic supersedes hysterical emotions & political partisan interests.