Actually tort reform is exactly the wrong place to start. The lawyers are not the problem. Its greedy insurance companies and bad doctors. Let me explain. Full disclosure: this is based on a few articles I read in public policy journals more than a decade ago to prep a lecture for a Con law class so I have neither cites not current info. Still, it is what it is.
The problem is this, less than 15% of doctors accumulate the vast majority of suits. In some cases its due to their specialty, like OB/GYN which generates a lot of suits as stuff happens and no one wants to here that. In others though, its the same doctors getting sued over and over again. Yet the insurance companies don't drop them. Why? Because its more profitable to raise EVERY doctors bills by sayng we paid out x millions in insurance last year. They get it past state insurance commissions this way. Bad doctors are good for business. Its the same type of reasoning that Ford execs got on caught on tape with, saying it was cheaper to pay death claims then recall the Pinto. The medical community is equally to blame. They don't police their own and no one else is qualified to. Who of us can tell an honest mistake from an act of negligence except in the most extreme cases? Lawyers, whatever their faults, do a pretty good job of this. The Bar Ethics counsel is a serious and scary thing. Lawyers are routinely fined, suspended and disbarred. The AMA doesn't come close. The tend to circle the wagons around their own. Thus the problem docs stay employed, we suffer and the insurance companies get fat.
FQ13