The crux of the problem in our current system is that any unexpectedly adverse outcome in healthcare poses a risk of litigation—even when the adverse outcome is a known complication of the procedure.
Biology is not like an automated machine line. The human body is mind-numbingly complex. The ability to predict the outcome of complex drug therapies or difficult surgeries or to fight against multiple diseases at once cannot be reduced to an algorithm.
Nonetheless, modern medicine is so remarkably good that we as a public and as patients have come to expect miracles. The practice of medicine keeps getting more remarkable and safer every year, but it’s a long way from being 100 percent.
Medical malpractice suits, and litigation in general, are so ingrained in the culture of the United States that we have, in my judgment, far too many of them