Yet the fashion in tort reform remains unchanged. Essentially all the pro-reform stakeholders in the ongoing medical malpractice crisis continue to tout MICRA's caps on non-economic damages and limitations on lawyers' contingent fees as the ultimate in style, comfort, and durability. The anti-reform stakeholders counter that the price of MICRA-style reform is not worth paying, and challenge the connection between legal claims and malpractice premiums, but ignore fundamental incompatibilities between conventional tort litigation and health care.
Only the academy—meaning law professors, public health professors, economists, and health services researchers—seems able to gaze at MICRA and see how shopworn it has become. Central to the academic perspective is an observation that is simultaneously obvious and startling: solving the current malpractice crisis and avoiding future ones will require restructuring medical liability insurance. Why is this obvious? Because a malpractice crisis is defined as a period when liability insurance becomes scarce and expensive. Why is it startling? Because the battle lines in medical malpractice reform were drawn between doctors and lawyers decades ago and have not budged.
America’s Overdose Crisis
Sign up for our five-email course explaining the overdose crisis in America, the state of treatment access, and ways to improve care