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Incoming MPL Committee member testifies as to ABA doubts about Health Courts

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Page 2 ABA Washington Letter July 2006 July 2006 ABA Washington Letter Page 3

The ABA, while supporting the use of and experimentation with voluntary alternative dispute resolution techniques as welcome components of the justice system, expressed concerns last month that current proposals to create health courts could undermine the constitutional and other legal rights and remedies of injured patients. “The ABA firmly supports the integrity of the jury system, the independence of the judiciary and the right of consumers to receive full compensation for their injuries, without any arbitrary caps on damages,” Cheryl Niro, an incoming member of the ABA Standing Committee on Medical Professional Liability, testified June 22 before the Senate Health, Education, Labor and Pensions Committee. “It is for these reasons that ABA opposes the creation of any health court system that undermines these values by requiring injured patients to utilize health courts rather than utilizing regular state courts in order to be compensated for medical negligence,” she explained.

See also, text of testimony at story entitled "Testimony before Congress by an incoming Member of this Committee"


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Testimony before Congress by an incoming Member of this Committees

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On Behalf of the
AMERICAN BAR ASSOCIATION

Before the
Subcommittee on Health
Committee on Energy and Commerce
United States House of Representatives
Concerning

INNOVATIVE SOLUTIONS TO MEDICAL LIABILITY

July 13, 2006

Mr. Chairman and Members of the Subcommittee:
I appreciate the opportunity to present the views of the American Bar Association (ABA) on “Innovative Solutions to Medical Liability.” My name is Cheryl Niro, and I am an incoming member of the Standing Committee on Medical Professional Liability and a member of the House of Delegates of the ABA. I am appearing on behalf of the ABA at the request of its President, Michael Greco.


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Senate Vote on S23

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Re: S. 23, federal legislation to preempt sThe Senate just voted on a cloture petition on S. 23. 60 votes were needed to invoke cloture and proceed to consideration of S. 23. The vote was 49-44 so it was 11 votes short and S. 23 has been set aside.
tate medical malpractice laws on obstetrics




"An Unacceptable Substitute for Our Civil Justice System"

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Washington - Today, Alliance for Justice releases its report, Health Courts Under the Microscope, a comprehensive analysis of the most recent medical malpractice tort reform proposal circulating in Congress. The Health Courts plan would remove medical malpractice cases from courts and create a new administrative system to handle medical
malpractice claims. Legislation introduced in the Senate, S. 1337,
would allow states to implement the Health Courts plan.


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DNC Medical Care System Proposals

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See step five.

DLC | New Dem Dispatch | March 3, 2006
Idea of the Week: A Progressive Alternative To The Bush Health Care Agenda

Yesterday we presented an analysis of the Bush administration's Darwinian health care agenda, based on an important new policy briefing from David Kendall of the Progressive Policy Institute. But Kendall's paper also lays out a progressive alternative agenda that would move our health care system in the right direction and deal with the big challenges of cost, coverage, and quality.

This agenda has seven key steps:


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