Tort Reform Redefined

In my last post, I argued that the current tort system neither helps to eliminate medical error nor reliably identifies “problem” practitioners. I believe that it is a failed system which benefits no one except the lawyers. So if that is true; is there a better alternative? Yes, I think there are other models that are certainly worth considering. The ideal system needs to do three things. First, it must fairly compensate people who have been injured or disabled as a result of preventable medical errors. Second, it must help to prevent medical errors by insuring that, when problems occur, information about them is disseminated widely so that others may avoid them. Third, the ideal system should identify “problem” providers. Physicians, nurses, and others who need retraining or additional training in order to practice competently and those with addictions or other problems, should be retrained, rehabilitated, or removed from practice.... continue reading...