Well then, California should be a medical utopia given the limitations imposed by MICRA. Let me assure you it is not. The anecdotes you cite aren’t data. Read Tom Baker’s book on medical malpractice costs, and the actual statistics will confound your argument. There is no real med mal litigation epidemic going on. Only a fraction of patients sue, and a much smaller fraction of plaintiffs win. Most cases are tossed at the MSJ stage, and most verdicts are in the doc’s favor.
When EXPENSES are raised because doctors who KNOW a test is not necessary but are covering their arses because of the possibility of a future lawsuit if the test is NOT DONE (and this happens all the time, just ASK YOUR OWN DOCTOR), COST GO SKYROCKETING.
Lawyers are LIVING off the backs of doctors....you only have to turn on your TV set to see that.
All of that is really irrelevant. What is relevant is the amount each practicing physician must pay in premiums each year, and how much could be saved if malpractice claims were handled differently after tort reform. And, how much the cost of medical care might be reduced after reform lowered malpractice premiums.