Administrative "Health Courts" for Medical Injury Claims: The Federal Constitutional Issues.

FEDERAL government; COURT system; MEDICAL malpractice; PERSONAL injuries (Law); INSURANCE claims; CONSTITUTIONAL law; GOVERNMENT policy

Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative "health courts." In doing so, we address the following constitutional issues: [ABSTRACT FROM AUTHOR]