Malpractice tort reform has been an ongoing debate for many years now. Will we get anywhere close to solving this problem?

1. Will Medical Malpractice Tort Reform Ever Be Resolved?
Medical malpractice reform has been a longstanding issue in the healthcare community,
especially among patient safety advocates. It has gained traction in recent years, but for
some, it is not enough.
Advocates for reform say that laws in current states are very limited and not fairly
compensating victims of malpractice. Many of these advocates site arbitrary statistics put
out about the number of patients affected by medical errors. Whether it’s 100 or 100,000,
medical professionals and healthcare organizations are still not being proactive enough.
Then there are trial lawyers who fight tort reform, saying all they want to do is protect people
against negligent medical professionals.
So who benefits from tort reform? Why does the reform debate sometimes feel stuck and
no progress is being made?
Some might argue that trial lawyers only want to see an increase in malpractice caps
because they stand a chance to make more money from their clients. An example of this is
Proposition 46 in California, which proposes to raise the cap on non­economic
damages,
and is written and backed solely by lawyers. Many statewide and community organizations
have opposed Prop 46 because they feel it will cost taxpayers millions of dollars, plus raise
healthcare and malpractice insurance premiums.
Tort reform is a big issue with many aspects to consider. In a perfect world a solution would
be one in which everyone benefits ­victims
of malpractice are compensated fairly, medical
professionals are given reasonable rates for malpractice insurance without any
fluctuations, the cost of healthcare would remain low, and taxpayers do not have to fit the
bill for malpractice lawsuits.
However, maybe our focus is on the wrong things. We're thinking about all the financial
aspects. Would our energy be best used if we paid more attention to patient safety and
really made a push to ensure medical professionals are conscientious in their work? What
if suddenly the number of incidents of malpractice dropped? If patient safety was the
priority, we wouldn't have to worry so much about medical errors and lawsuits.
Tort reform has to be a win/win situation, otherwise the debate will just keep going around
in circles and continue on and on. The only real solution is to wipe out malpractice
altogether. That would entail a huge commitment by the thousands upon thousands working

2. in the medical and healthcare community. It all starts with each person. Are you willing to do
what it takes?
Maria Palma is a patient safety advocate and writer for Nexus Insurance Services, a
medical malpractice insurance broker. For more information or to request a quote, visit:
www.nexus­insurance.
net