Tort reform and medical malpractice: a risk management leader's analysis

In summary, the United States Tort System, with malpractice actions based upon the law of negligence, remains a driving force in affecting health care delivery costs. The reforms and attempted reforms under consideration by legislative branches nationwide also play a key role in this endeavor. Yet, tort reform alone is not the answer. Reducing the initial occurrence of medical injury remains the ultimate method of easing the current liability crisis. Health care providers must assure the delivery of quality care to their patients or face consequences in areas of licensure qualifications, license renewal, professional discipline, suspensions, probations and fines. An effective quality assurance program that provides measurable results should be a priority for all health care providers. Administration, medical staffs and all departments within a health provider's facility must work together to achieve quality patient care. Proven risk management programs, combined with similar cooperative efforts by health care companies, physicians, attorneys, insurance companies, state regulatory agencies and the federal government, will prove extremely effective in controlling future health care delivery costs.