, Columnist
A Better Fix for Medical Malpractice
The right way to reform the U.S. medical malpractice system is not to impose damage caps, but to change the basis for finding a doctor liable for malpractice in the first
place.
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I have long believed that reforming U.S. medical malpractice laws could bring significant benefits, and new research supports that notion. Before conservatives get too excited, though, the evidence suggests the right way forward is not to impose arbitrary caps on liability. Instead, we should change the basis for finding a doctor liable for malpractice in the first place.
The core problem with the medical liability system is that doctors are evaluated by the standard of "customary practice," defined as what doctors typically do. Customary practice, however, might not reflect the best medical science.