Debate over whether to place federal caps on non-economic damages in cases of medical malpractice is over two versions of a failed system of compensation and deterrence. In addition, by promoting a lack of transparency between doctors and patients, the adversarial legal system in which malpractice cases are brought harms the doctor-patient relationship. By recounting how patients, their families, and physicians have faced a wall of silence with regard to disclosing errors, Berenson makes the case that routine disclosure of medical errors to patients would lead to improved patient safety and to programs that produce more reliable compensation for injured patients. The New Republic 4,734(233): 17-21 (October 10, 2005)
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