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Finishing Up

Thanks again to Walter for the invitation to post here; I've enjoyed it and hope you've found it interesting. I don't have that much more to say. But there are some other possibilities that fit into my goal -- which is much more oriented towards increasing accuracy in allowing good claims while stopping bad ones earlier than towards many other proposals, which often are focused on, for example, reducing insurance premiums.

  • Screening panels. The data are mixed [PDF] as to their effect, but I suspect that may have as much to do with different implementations as anything else. A well-balanced panel (not just doctors, of course) with a real focus on careful selection of members seems feasible and potentially useful.
  • ADR & apologies. I remain interested in the MEDiC Bill , which encourages apologies when appropriate, quick mediation, and improvements in the medical system to avoid future errors. SorryWorks has some useful data on apologies.
  • Daubert & summary judgment. This isn't really much of a reform as a wish that more judges would take seriously their role as a gatekeeper of scientific evidence. The Howard piece linked to earlier this morning has some useful discussion of it.
Thanks again for the hospitality.

(And because I can't resist pointing it out, I just posted last night about what may well be the greatest lawsuit ever.)



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.