The answer is in an educated Jury. The Jury has far more power than a Judge, despite what we’re lead to believe. THAT’S where we get Tort Reform, by voting not guilty if we are picked for medical malpractice lawsuit cases and encouraging others to do the same (unless, of course, the doctor truly was careless and at fault). Good topic.
An educated jury would be nice, but it’s about as likely as a principled freedom loving Congress. The answer is for each state to sort it out for themselves, where the trials take place.