Higher price and lower availability for malpractice coverage, along with constrained medical fees have lead medical practitioners to declare a crisis and demand tort reform. Doctors and other reformers blame the legal system, while trial lawyers blame insurers. Neither side sufficiently addresses the core problems of too many preventable medical injuries and an underperforming legal system. Physicians should do more to boost patient safety, even within the current legal system, and should also support experimentation with broader alternatives described here that deliver compensation more efficiently and mesh better with emerging paradigms of patient safety. (Clinics in Perinatology 32(1):203-233, March 2005.)
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