Malpractice jury awards don’t encourage doctors to report medical errors

There has been a decidedly medical malpractice theme to the blog in recent weeks, due to the situation in Maryland, and the attention that the President is bringing to the issue.

This is an issue that always brings out torrid debate between the docs and lawyers, as seen here and here.

Today, some major newspapers are weighing in. First, the Boston Globe runs a piece, A cure for malpractice:

The problem with medical malpractice is not that a jury occasionally awards $1 million in pain and suffering damages to a victim but that so much malpractice occurs in the first place. This is often overlooked by those whose approach to the malpractice problem begins and ends with putting a cap on damages to victims.

The LA Times writes in their piece, Misdirection on malpractice, that more than caps in isolation are needed:

White House Press Secretary Scott McClellan stressed last week that although malpractice laws have historically been crafted by the states, high pain-and-suffering jury awards are “a national problem that requires a national solution.” But the lack of credible systems to encourage doctors to report medical errors and to guarantee patients independent reviews of their medical care is a national problem too. These issues can’t be fairly solved in isolation.

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