Should courts set doctors' fees? This short query has interesting ramifications. Initially, the question seems to demand an unqualifiedly negative answer. It is adverse to our system of free enterprise. It is socialized medicine. It is unconstitutional. Responses like these can be heard not only from the medical profession but from the conservative members of the public as well. Modem legislation, in attempting to regulate an ever expanding population, is constantly moving towards more and more social control. Rephrase the initial question to read, "should courts regulate workmen's compensation or Medicare?" What then, would the same people answer? And, yet, we know that illness can bring financial disaster as well as other misery. Are there or should there be laws setting compensation for doctors? This paper seeks to examine these question by analyzing court decisions and modern trends.
Russell J. Glorioso, Should Courts Set Doctors' Fees, 15 Clev.-Marshall L. Rev. 519 (1966)