Physician, Reform Thyself

We applaud Martin Grace, at Point of Law, for noticing that methods other than damage caps might contribute to a reduction in medical malpractice premiums. In particular, Grace notes the success enjoyed by anesthesiologists in reducing medical error, and hence malpractice premiums, through self-policing. "The states have been relatively successful in passing tort reforms and at the same time the med mal market is returning to profitability," he says, "so now is the time for physicians and insurers to work on systems to reduce medical errors."

We are not big fans of "malpractice reform." But its proponents enjoy greater credibility (with us, anyway) to the extent that they also focus on alternative methods for deterring or preventing medical errors (and for compensating their victims). In the long run, if the medical profession wants to hold on to political victories already won, it needs to show at least as much enthusiasm for that endeavor as it has shown for protecting physician assets and income.

Update: Here's Prof. Mayo's take at HealthLawProf Blog.

Double update: And here, also from Point of Law, is Ted Frank's. So much for our theory that the contributors to Point of Law form a monolithic ideological conspiracy.