Dollars and Jens
Monday, August 02, 2004
Medical Malpractice Insurance and Tort Reform
There's an interesting letter in today's Wall Street Journal suggesting that tort reform isn't necessary to keep health-care costs down. The author suggests, roughly, that a medical malpractice insurance company create a waiver which doctors insured by it require their patients to sign, saying they can only sue up to a cap. Patients who don't want to sign the waiver can go to a more expensive doctor.
I think it's an interesting idea. I'd like to know whether any insurance companies have tried this, and, if not, why they haven't. The paperwork involved would be something of a burden, but I would think the burden would be more than offset by the decrease in costs. Is there some reason a court would refuse to enforce the waiver?