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Just a few thoughts. Simple mistakes that result in adverse patient outcomes are not really simple mistakes.

One is not guilty of malpractice...it is a civil matter, and one is judged negligent. On occassion, physicians who have committed egregious wrongs have been criminally prosecuted, but it is rare because of the fear that to do this much, and nobody would practice medicine.

I do not argue that there should be no malpractice or suits. But despite what Viva la lottery says, the system is unbalanced. The trial lawyers gloss over the very real problems in the system, and never offer any meaningful solutions, so I no longer pay any attention to them.

Malpractice insurance is a pass through cost. If the reimbursment system weren't so screwed up, it would be a lot easier to calculate and pass this cost through. But consider, in some states it is estimated that malpractice insurance costs for some procedures may be from 300-1000 dollars...certain orthopedic and neurosurgical cases, or high risk ob. But the reimbursement for these cases by Medicare, Medicaid or no pay patients is often less than the malpractice costs or nothing at all.