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Expert argues the best malpractice reform would allow parties to reject state-imposed rules

Posted by Frank Spector | Jul 01, 2009 | 0 Comments

In an op-ed in the Wall Street Journal (6/30, A15) Richard Epstein, a law professor at the University of Chicago, calls for “the replacement of juries with specialized commissions like those in France” to “help reduce litigation expenses and promote uniformity in case outcomes across regions.” He also cites a 1992 study in the Osgood Hall Law Journal that showed “the frequency of medical malpractice in Canada was about the same as in the US — for about 10 percent of the total cost.” He concludes, “The best reform would be to allow physicians, hospitals and patients to contract out of the liability mess by letting the parties reject state-imposed malpractice rules.”

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