The threat of malpractice liability doesn't appear to have any impact on the practice of obstetrics, though it does tend to diminish caseloads ever so slightly, and that relationship appears to be related to the size of the award. So, there may be some slight justification for capping damages in malpractice cases, but we shouldn't expect such tort reform to dramatically overhaul the practice of medicine in this country--meaning, in turn, that it won't do much to control health care costs or improve quality, either.
The problem is basic. If I were elected President and head of Congress, I would propose a plan to give all persons harmed by heath care something. I would make it akin to a worker's compensation system; cap fees at 10% and streamline the process.
The way I figure it, I may look at and talk to 30 people claiming harms from medical care; of those, I may take 1 case. This is a lot of wasted time, money and resources. I'd prefer to help everybody; get paid a lot less on every matter; everybody gets something; doctors don't stress over being sued; there's predictability to the system.
What do you think? Is this crazy?
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