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The tort system is designed to determine negligent actions and to make harmed individuals whole. A fair system would be predictable and would compensate every injured patient in an equitable way for lost earnings, medical expenses, and suffering. It would also impact all negligent health care providers in a similar way, in spite of the identity of the injured patient. Unfortunately, our current system is an inadequate means for achieving these goals.
The answer may lie in a no-fault med-mal payment system that treats all patients and health care providers alike. Are we talking about a universal no-fault liability coverage system? Yes, that is part of the equation. But that kind of program is a long way off in this country, if it ever comes to pass. What we do advocate, in the meantime, is a greater public and private emphasis on a patient's only true assurance of fair treatment: life and disability insurance.
The Problems in Our Current System
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