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Ponnuru: Feds shouldn’t meddle with medical malpractice

The idea that we should reform the way we handle allegations of medical malpractice is enjoying a new vogue.

At the end of a long cover story for Time magazine on high U.S. health care costs, Steven Brill suggested that doctors who follow the best practices in the field should be shielded from liability. Peter Orszag, writing for Bloomberg View, argued that this policy could do a lot to reduce costs. One of the few health care ideas that almost all congressional Republicans have agreed on, meanwhile, is caps on medical-malpractice awards.

Another proposal comes from Philip Howard: Specialized “medical courts,” he says, should hear malpractice cases, just as there are courts devoted to patents, tax law and other areas where expertise matters.

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