The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician

Abstract

This article argues that health courts will bring injustice to adjudication of medical malpractice claims because of the inherent pro-medical industry bias built into their design and inevitable in their operation. This bias is a natural byproduct of the psychology of interactions between health court adjudicators, medical industry advisers and educators, and advocacy groups. The anti-patient psychosocial training and development of physicians, combined with the epistemic authority of the medical industry and medical experts within health court designs, will result in a pro-defendant bias in health court verdicts.

Keywords: health courts, psychology, patient, epistemic authority