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Over the past decade, the multi-faceted problem of medical malpractice, tort reform, and sky-rocketing insurance costs for physicians has been the focus of a lot of media and legislative attention in the United States. Despite all of the ink spilled and program time dedicated, however, these interlocking issues are far from resolved. This is due to a failure by the state and federal legislatures to address the real root of the problem: unscrupulous profit-taking by the insurance companies.

First, let's examine malpractice from the patients' perspective. Without a doubt, doctors sometimes make mistakes; they are human, after all. At times, particularly in emergency rooms, doctors and other health care professionals are severely overworked and sleep-deprived, which can result in poor and hasty decisions made under stress. These decisions can mean life or death for a patient. Although the U.S. has some of the highest standards for medical training and licensing in the world, some doctors who make it through the system are simply incompetent or negligent. When a doctor causes preventable harm to a patient, through misdiagnosis, erroneous treatment, etc, the patient or next-of-kin should have a right to seek reasonable redress in the courts.

Many physicians today feel caught in the middle; they practice "defensive medicine," ordering tests that are probably unnecessary just to reduce their liability, while still paying exorbitant and ever-rising malpractice insurance rates. Some doctors are victimized by unscrupulous and greedy patients, who file frivolous lawsuits in hopes of a big payout. Increasing numbers of physicians are turning away from high-risk specialties, such as ob-gyn and cardiac care, because of the cost of insurance and the fear of liability. In some areas of the country, the malpractice crisis has resulted in loss of access to medical care, as hospitals close and doctors go on strike, or retire early to pursue less risky and expensive careers. The main driver behind these actions is the rising cost of malpractice insurance- not the direct cost of paying successful patient malpractice suits. For example, in the single year of 2004 in Louisiana, medical malpractice insurance rates increased 29.4% over all specialties.

What about the insurance companies? They and their supporters in state and federal government blame the crisis on lawyers who file frivolous claims for their clients, and then reap hefty rewards from settlements or jury awards. This line

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