Why Health Courts are the Wrong
Prescription for Maryland by David F. Albright, Jr.
The Health Law Section of the Mary-
land State Bar Association (consisting of representatives of the health care industry and liability carriers) put on a program at the June convention tout- ing health courts as a means of fighting “those run away juries” and “frivolous lawsuits.” Even though Maryland has already tried a version of health courts in the guise of the now - vitiated Health Claims Arbitration Office (proposed by the health care industry in response to the last “crisis” in the 1980s) does not mean that the ardent tort reformers will not try again, and again, and again to institute a new and more deadly version of health courts. One difficulty in fighting the concept
of health courts is that it means all things to all people. Do health courts mean that the constitutionally-protected role of the jury as the sole fact finder would either
be eliminated or somehow limited? Do health courts mean that only certain “experts” could be used to advise the fact finder as to whether there was a breach of the standard of care and causation? As always, the devil is in the details. Another difficulty in fighting the
concept of health courts is that its pro- ponents are skillful in obtaining a lot of press promoting the issue. A total of 18 people attended the program at the June convention, including six MTLA “observers” such as yours truly. However, the amount of press generated regard- ing health courts far exceeded the press received for more mundane programs in which the number of attendees exceeded 100. Scared yet? You should be. The only
way to combat this version of tort re- form is to fight with facts, such as the following:
Publish an article in the Trial Reporter
Do you have an article that would interest more than 1,200 plaintiff lawyers? Contact us. Have you tried something different that helped you on your latest win? Share it. Is there a legal topic that you would like to see published in theTrial Reporter? Let us know.
Publish an article in the Trial Reporter
Contact the MTLA office today or visit the MTLA Publications section of the Website (
www.mdtriallawyers.com) to read article guidelines and upcomingTrial Reporter publication dates.
Contact Judith LaVoie Phone: (410) 539-4336 Email:
Judith@mdtriallawyers.com
Contact Judith LaVoie Phone: (410) 539-4336 Email:
Judith@mdtriallawyers.com 4 Trial Reporter Fall 2007
Contact Judith LaVoie Phone: (410) 539-4336 Email:
Judith@mdtriallawyers.com
Do you have an article that would interest more than 1,200 plaintiff lawyers? Contact us. Have you tried something different that helped you on your latest win? Share it. Is there a legal topic that you would like to see published in theTrial Reporter? Let us know.
Contact the MTLA office today or visit the MTLA Publications section of the Website (
www.mdtriallawyers.com) to read article guidelines and upcomingTrial Reporter publication dates.
Do you have an article that would inter- est more than 1,200 plaintiff lawyers? Contact us. Have you tried something different that helped you on your latest win? Share it. Is there a legal topic that you would like to see published in the Trial Reporter? Let us know.
Contact the MTLA office today or visit the MTLA Publications section of the Website (
www.mdtriallawyers.com) to read article guidelines and upcoming Trial Reporter publication dates.
• Health courts would trample on the right to jury trial;
• Health courts would limit the right of a party to choose its own expert;
• Nearly all judges in Maryland think health courts are a bad idea;
• Nearly all lawyers, including defense lawyers, think health courts are a bad idea;
• The latest bill to introduce health courts in Maryland was defeated in the legislature.
One last point. A lot of attention is
spent fighting tort reform in the medi- cal malpractice arena. However, MTLA constantly fights tort reform efforts in workers’ compensation, auto tort, premises liability, and other areas. These efforts to fight tort reform do not receive the press that the medical malpractice arena generates, but these efforts are as important. We are committed to fighting tort reform wherever it arises, so that a climate of tort reform does not get estab- lished in our state. Constant vigilance by our members is vital in this continuing effort. Remember, once rights are lost, it is very difficult getting them back. n
About the Author
David F. Albright, Jr. (Bennett & Al- bright, PA) is a graduate of Georgetown University Law Center. He is a member of the American Association for Justice, the Maryland State Bar Association and the Bar Association of Baltimore City. He concentrates in auto tort, gen- eral negligence, lead paint poisoning, medical malpractice, medical products liability, premises liability and products liability law.
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