The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician
32 Pages Posted: 13 May 2010
Date Written: May 10, 2010
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
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