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Malpractice Review Panels: Efficiency Or Judicial Death - Colton V. Riccobono, Janis L. Prewitt

Journal of Dispute Resolution

The constitutionality of state statutes requiring review of medical malpractice claims by a malpractice panel as a condition precedent to trial has been the source of much litigation.' These acts (hereinafter "panel acts") were motivated by the so-called medical malpractice "crisis."' In the mid-1970's, health care providers and other interested citizens became concerned that many malpractice claims were frivolous and requested unrealistic damages.4 State legislators responded by trying to find a means to limit malpractice filings to those cases which might have merit,5 thereby reducing the economic consequences to health care seekers.' This note discusses the constitutionality of these statutes …