Tying “Tort Reform” to health insurance reform could benefit both the doctors and the patients. The typical victim of a medical error wants fair compensation not a lawsuit. Most doctors who negligently injure a patient would rather that their insurance company quickly settle the matter than go through a lawsuit.
The University of Michigan Health System started a policy of “honesty and apology” in 2002. CBS reports that the policy change has reduced claims from 262 in 2001 to 83 in 2007. Fewer claims have allowed the system to drop its malpractice insurance cash reserves from 73 million to 13 million. http://www.cbsnews.com/stories/2009/09/12/eveningnews/main5306072.shtml
Wouldn’t it be appropriate to reduce medical malpractice litigation by encouraging insurance companies to pay legitimate claims? After all, that is why doctors buy insurance.