By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Lawyers and Medical Malpractice Reform: Tort Reform Allies for Doctors?
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Business > Lawyers and Medical Malpractice Reform: Tort Reform Allies for Doctors?
Business

Lawyers and Medical Malpractice Reform: Tort Reform Allies for Doctors?

Michael Kirsch
Michael Kirsch
Share
4 Min Read
SHARE

When lawyers talk, I listen. Two attorneys penned a piece on medical malpractice reform in the April 21st issue of The New England Journal of Medicine, the most prestigious medical journal on the planet. Here is an excerpt from their article, New Directions in Medical Liability Reform.

When lawyers talk, I listen. Two attorneys penned a piece on medical malpractice reform in the April 21st issue of The New England Journal of Medicine, the most prestigious medical journal on the planet. Here is an excerpt from their article, New Directions in Medical Liability Reform.

The best estimates are that only 2 to 3% of patients injured by negligence file claims, only about half of claimants recover money, and litigation is resolved discordantly with the merit of the claim (i.e., money is awarded in nonmeritorious cases or no money is awarded in meritorious cases) about a quarter of the time.

This is not self-serving drivel spewed forth by greedy, bitter doctors, but a view offered by attorneys, esteemed officers of the court. Apply the statistics in their quote to your profession. Would you be satisfied if your efforts were benefiting 2-3% of your customers or clients? Would this performance level give me bragging rights as a gastroenterologist? Perhaps, I should attach a new slogan to my business card.

More Read

Three Ways a Hospital Can Use LinkedIn
Federal Election 2015: A Vote for Health?
FDA Cautions Against Pharma-Jet Needle-Free Flu Shots
Give Your Facts a Facelift with Integrated Infographics
Commercial Speech Trumps Privacy When It Comes to Drug Marketing

Michael Kirsch, MD

 

Gastroenterologist

 

Correct Diagnosis and Treatment in 2-3% of Cases

We would have to build a second waiting room to accommodate the crowds of new patients who would be jamming in to see me.

The current medical malpractice is beyond broken, and it is absurd to debate this. When even lawyers write under their own bylines that medical malpractice reform is needed, then it must be even worse than I thought. I assume that their bylines are true, but perhaps they used pseudonyms for their own protection.

In fairness, the authors did not find persuasive evidence that various medical malpractice reform proposals, some of which I have advocated on this blog, would accomplish the desired objectives of improving care and controlling costs. They examined various reforms including damage caps, pre-trial screening panels, certificate-of-merit requirements, joint-and-several-liability reform and statutes of limitation limits. They advocate continued study and experimentation to achieve meaningful medical malpractice reform.

As a physician, I understand the value of evidence. We should not adopt a medical malpractice reform measure that is shown be ineffective, even if doctors like me favor it. This assumes, of course, that the reform measure has been fairly tested. Debating torto reform proposals is a legitimate discussion and lawyers should be included in the conversations.

Defending the current system, however, is not legitimate. Even lawyers admit that the current system targets but a tiny fraction of patients who have been harmed by medical negligence. What relief do the other 97% of patients receive? In addition, the system targets too many innocent physicians, ultimately releasing most of them after dragging many of us on an agonizing journey. In my office, and probably in your doctor’s office also, litigation fear promotes defensive medicine, which harms patients and costs money.

I will now turn away from tort reform and turn to my morning pleasure, The New York Times. I read a hard copy with ink and newsprint, but I am sure that this anachronism will soon be extinct. I have a new suggestion for their motto, which appears in the top left corner on page 1 of every issue.

“2-3% of the News

 

That’s Fit to Print”

 

 

 

TAGGED:healthcare lawmedical malpracticetort reform
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

an autistic person working hard in healthcare
DEI Challenges for Neurodivergent Workers in Healthcare
Health
May 4, 2026
woman eating a salad
The Pillars of a Healthy Lifestyle: Integrating Physical and Mental Well-being
Addiction Recovery
May 4, 2026
patient care
Independent Practices Must Keep Human Connection at the Core of Patient Communication
Health
April 29, 2026
6 Best ABA Software Tools That Help Clinics Reduce Administrative Work
6 Best ABA Software Tools That Help Clinics Reduce Administrative Work
Hospital Administration Medical Innovations
April 29, 2026

You Might also Like

BusinessNews

How To Choose The Right Dentist: Try These 6 Simple Steps

August 7, 2019

Why ACOs Might Not Make an Impact (transcript)

April 11, 2011

Sorry Lipitor, You’re No Match for Generics

December 21, 2011
Shannon Morris patient experience
BusinessHospital Administration

Leveraging the Power of Peer Coaches, Role Models and Grassroots Champions

May 10, 2014
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?