I took a tort class while on college. Medical malpractice is serious, it’s real, and I can’t imagine another alternative. If the tort reform is pointing fingers to those are filing suits because they are too stupid to read directions or have no common sense...I agree, but am confused as to what people think the solution would be.
Loser pays (as in the UK). Cap on punitive awards.
The solution would be addressing what drives the lawsuits. Yes, sometimes a victim really wants to screw the doctor, but most suits are out of fear of costs to be incurred in the future for the mistake that was made. The lawsuit provides a mechanism to get the capital needed to address those costs. Develop another source of capital and much of the suits will go down.