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Health Justice


The 21st Century Health Justice Project is based on the premise that the current system of litigation is too expensive and fails to provide justice for patients and their families.

Examples of why a better system of health justice must prevail.

 Wayne Oliver
Project Director

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. Our interactive ‘state transformation map’ provides state-specific measures which have been adopted in each of the states. 

The project is committed to the development and accelerated adoption of a much fairer, less expensive and more timely system of health justice. The system we envision will provide conflict resolution and equity protection, while also protecting the rights of individual Americans and providing a more effective and less expensive system for American society at large.

The recent doctor strikes, closures of hospitals, trauma centers and long-term care facilities, and the continuing outcry about the expense of the predatory trial lawyer litigation system are all indications that we need to rethink the way we resolve conflicts about patients’ rights in our healthcare system. The key is to ensure that we do what is right for the individual who has a legitimate grievance, for those who help maintain health, and for society.

Recently, the Center created an Advisory Panel including several CHT members to help further develop strategies and solutions for the 21st Century Health Justice Project. The Advisory Panel will assist in the development of the overall system and language, as well as on a number of specific initiatives at both the Federal and the State level that will combine to bring about a system that:

  • Protects patient safety
  • Provides fair and effective compensation;
  • Establishes accountability;
  • Encourages disclosure;
  • Incentivizes the best standards and protocols of health delivery;
  • Promotes good, rather than adversarial, doctor-patient relationships;
  • Minimizes the loss of good, competent health professionals driven out by the cost of litigation insurance;
  • Provides resolution at less overall cost; and
  • Ensures that a larger share of the total settlement goes to the injured not the attorney.
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Recent News & Legislation
Alabama legislator urges support for civil justice reform
Alabama Legislature Passes and Governor Bob Riley Signs Bill in Support of CHT’s Alzheimer’s Solutions Project: House Joint resolution 46, Rep. Paul DeMarco

 HR 3372, the Health Care OverUse Reform Act (HealthCOURT Act)

Jeffrey Segal, M.D., J.D.(CEO and Founder of Medical Justice Services, Inc.) discussed this issue on Lou Dobbs August 6 (Read transcript) 
Why Medical Malpractice Is Off Limits
Newt Gingrich Discusses Civil Justice Reform on Fox & Friends
Health Justice Reform Should Be Addressed in Comprehensive Health Reform Proposals

Wayne Oliver, Project Director, Center for Health Transformation, led the Center’s monthly member call on Tuesday, July 14, 2009 on health justice reform.. CHT Founder, Newt Gingrich, and guest speakers, Congressman Tom Price, Chairman, U.S. House Republican Study Committee; Jeff Segal, President & CEO, Medical Justice Services, Inc; and John Gill of Dallas Sport Medicine, all spoke on the importance of health justice. The “bottom-up” approach was discussed where physicians have guidelines to follow but make decisions on a case-by-case basis to ensure proper treatment for the individual. All guest speakers agreed that the goal is to enact a broad based health justice reform to get more people insured and improve treatment for every patient.

 Listen to the call

Verdict Already in on Medical Liability Reform

By Newt Gingrich and Wayne Oliver

In President Obama's health care speech to Congress last week, he offered a fig leaf to doctors by pledging to consider civil justice reform. He directed Health and Human Services Secretary Kathleen Sebelius to look at creating "demonstration projects in individual states to test" civil justice reform ideas. Read more >>>

Why Medical Malpractice Is Off Limits

Wall Street Journal  - Commentary
By Philip K. Howard

A few thousand trial lawyers have a lock on Democrats, who refuse to consider any legal reform.

Eliminating defensive medicine could save upwards of $200 billion in health-care costs annually, according to estimates by the American Medical Association and others. The cure is a reliable medical malpractice system that patients, doctors and the general public can trust. Read more >>>

"New Study Finds Limiting Malpractice Liability Could Cut Health Costs"

By Brooks Jackson
Original Publication: factcheck.org

Republicans have complained repeatedly that Democratic health care proposals don’t include any limits on damage awards in malpractice lawsuits or other “tort reform” measures. And they claim the savings to taxpayers and the economy could be enormous. Read more >>>

Medical Liability Reform Crucial to Health Care

By Joe Nixon
Original Publication: mysanantonio.com

“In the year prior to the Texas Legislature's 2003 tort reform, CHRISTUS Health spent $153 million in liability defense payments in medical malpractice lawsuits. Last year, its lawsuit-expense payments totaled only $2.3 million. Why the dramatic decrease?”

Does medical liability reform affect the cost and quality of health care? Supporters of President Obama's health agenda allege, not much. CHRISTUS Health, however, might beg to differ. Read More>>>