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In your scenario, insurance companies wouldn't be going out of business nor doctors losing coverage entirely...under your scenario, premiums alone would be the problem, and they would be low enough to afford because the market would bear them. That is NOT the case anymore.

Either the docs can't get insurance, or the premiums are approaching their total yearly salary.

Your line is the typical one of the lawyers, interestingly enough. "It's always the insurance company's fault."

Well, who knows? Insurance is about risk pools, and there has to be some sense of safety about what you can expect when you walk into court. If all bets are off and all the courtroom presents is a lottery, no one with sense will write policies.

Fact is, there's gonna be no more booty for patients or lawyers. No matter WHOSE fault it is. And, knowing lawyers, I have a pretty good idea who got us where we are.

The first malpractice insurance companies were created by doctors to protect patients, but it's gotten out of hand.

You cannot have your doctor and eat him, too. Or, you can't have your doctor and feed him to the lawyers, too.

I recently spoke with an anaesthesiologist about malpractice insurance. It cost him $5,000 in 2002 and the rate was going to $12,000 in 2003. The OB/GYN and neurosurgeons were paying $90,000 in 2002. In 2003, the amount is $120,000. I work with an MD who threw in the towel because of high malpractice rates. I saw this disaster in the making in 1976. I had just graduated from UCSD at age 19 with the intent of pursuing medical school. I opted for a different career path.

The lawyers have made the medical profession unattractive. Practicing doctors are seeking alternative employment. Tort reform needs to be enacted before the medical profession pulls the "Atlas Shrugged" routine en mass.