What are the factors that allow the current tort system to threaten the practice of Medicine?
1- No penalty for filing frivolous suits; 2- A jury system that gives lottery awards; 3- A blame and shame culture that prevents root cause analysis to fix system problems that lead to patient injury; 4- The allowing of unscientific testimony with the belief that the jury will know what is scientific and what is not; 5- Lack of accountability for unscientific and unfair testimony; and 6- A Contingency fee system that encourages attorneys to get into the lottery at minimal expense. What is the solution? Implement AMA policy nationwide. Adopt the California MICRA law of 1975 at the national level and protect those alternative state laws that are just as effective such as Louisianas Act 817 of 1975. The AMA proposal caps non-economic damages at $250,000, modifies the collateral source rule (no double payments), gives periodic payments, and limits attorney fees. In addition, a certificate of merit (affidavit) should be required documenting that an expert has certified that the standard of
