Medical Malpractice: Can We Rescue a Decaying System?

Abstract

The Patient Protection and Affordable Care Act (PPACA) was passed in March 2010 and has now entered the slow process of implementation. It should be remembered that tort reform, although not a central component of the health care bill, was left a small window of opportunity as political maneuvering for acceptance of PPACA neared. In his speech before a joint session of Congress in September 2009, President Obama acknowledged that, although tort reform was not the sole answer to health care costs, he was open to exploring ideas that may better “…put patient safety first and let doctors focus on practicing medicine.”1 Because more than a year has passed since that communique, it is worth visiting where we are now in terms of medical liability reform, including current hurdles to any efforts for change and the direction future plans may need to take to implement a better system. This commentary with review of current literature high-lights the goals set out under the current medical malpractice system, discusses whether those targets are being met to date and whether conventional tort reform measures are situated to properly attain those goals, and suggests why future tort reform measures may better achieve those initial objectives. Challenges to successful implemention of new measures of tort reform in the current political climate are assessed, along with suggestions on how a more focused and concerted effort by both health care professionals and their patients may improve any future chance for success.