Tort Law

Doc Wants Tort Review Board

Posted Jan 11, 2008 1:48 PM CDT
By Debra Cassens Weiss

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A physician is urging the creation of a Tort Review Board to review medical liability cases.

In a letter to the Wall Street Journal, Jay Ankeney, a retired surgery professor at Case Western's medical school, says the medical profession needs to take an active role in preventing “pseudo-science” from being used in the courtroom.

“It is my view that tort fraud continues primarily because the medical profession has made no effort to play an active role in monitoring the practice of bad medicine or the manufacturing of diagnoses for money,” he writes.

Ankeney wrote in response to a Dec. 26 Wall Street Journal op-ed by Cardozo law professor Lester Brickman, who claims the Justice Department has given a “free pass” to doctors and lawyers to commit mass tort fraud. Brickman noted evidence of bogus diagnoses in mass tort cases and decried the lack of prosecutions.

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