Yes: a prime factor

Article Abstract:

Medical malpractice litigation is one of the causes of the rapid rise of health care costs. Juries are not qualified to evaluate the conflicting evidence of opposing experts in complex medical cases. In their fear of litigation, doctors practice defensive medicine, which also adds substantially to medical bills and provides little benefit. Sanctions are arbitrary and many negligent doctors go unpunished. The Domenici bill would have most malpractice cases decided by binding arbitration and place some limits on non-economic damages.

Mental distress (Law)

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Still warring over medical malpractice; time for something better

Article Abstract:

The controversy between malpractice attorneys, the health care profession and other factions over the contribution of medical malpractice suits to rapidly rising health care costs continues. The health care profession claims that the defensive medicine practiced to ward off malpractice suits is a prime contributor to the rising cost of medical care, while attorneys disagree and state that the malpractice option remains necessary to protect patients from incompetent doctors. Instituting a no-fault system is one suggested reform.

Economic aspects, Health care reform

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No: exploding the myths

Article Abstract:

Changing the system for litigating medical malpractice will not stem the upward trend of medical costs. Data from the National Assn of Insurance Commissioners shows that premiums for malpractice insurance have declined, while other components of medical costs have risen dramatically. Defensive medicine is a good thing if it results in the delivery of more conscientious health care. The American people should expect reasonably priced medical care, but depriving them of access to the courts will not affect rising medical costs.

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