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Procedural Tort Reform in the United States: Lessons from Other Nations Part I : The Background

Procedural Tort Reform in the United States: Lessons from Other Nations Part I : The Background


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by David E. Bernstein, J.D.
As currently constituted, the tort system in the United States has induced distortions that have resulted in a crisis in medical litigation with escalating awards, as well as in product liability. This article outlines views of the structural defects in the American system and contrasts it with the experience in Britain and the major commonwealth nations. In particular, the author stresses the inefficiencies of the civil jury system. In a subsequent article, he will offer some possible remedies to this problem.