Epstein's Reform Proposal

Richard Epstein too often makes the mistake of thinking the public is as smart as he is. His reform proposal today is so complicated.

As always, Epstein raises valid points. Its interesting that "American courts commonly think it proper for juries to infer medical negligence from the mere occurrence of a serious injury. European judges usually will not." But I can't imagine how reformers can change American judges' attitudes.

The best reform, loser pays, he buries as "a third procedural feature."

But loser pays, the rule in the rest of the world, would make the most difference.

I also find interesting this thought from one of his readers: "Why should we be allowed to sue people over their good faith efforts to help us? Let's do away with all medical malpractice suits. Replace them with criminal penalties for deliberate or wanton malpractice."