Procedure

  • Read more: Medical Malpractice: The “Same Specialty” Requirement in Federal Courts
    Article

    Medical Malpractice: The “Same Specialty” Requirement in Federal Courts

    By Alex Stein Medical malpractice suits reach federal courts through two channels: diversity and the Federal Tort Claims Act (FTCA). The FTCA framework was set up (inter alia) for suits against doctors working at veterans hospitals or another facility operated by the federal government. The diversity framework was designed for parties residing in different states. Under…

  • Read more: Medical Malpractice Law as a Triumph of Procedure Over Substance
    Article

    Medical Malpractice Law as a Triumph of Procedure Over Substance

    By Alex Stein When Sir Henry Maine wrote (here, on page 389) that early substantive law was “secreted in the interstices of procedure,” he did not know that he was coining a long-lasting adage. Even less did he anticipate that this adage will aptly describe our today’s system of medical malpractice. This system normally requires plaintiffs…