Beyond Tort Reform

It has been 2 1/2 years since the American Medical Association created national headlines by describing the professional liability situation facing physicians in this country as a "crisis." The American Medical Association's assertion touched off a national debate and signaled the beginning of a wave of medical malpractice tort reform efforts that hit Congress and virtually every state legislature. By the end of 1986 over 30 states had passed legislation that, bluntly stated, made it more difficult to sue physicians for large amounts of money. That is a remarkable record considering that, unlike the crisis of a decade ago, insurance has generally remained available at some price for the vast bulk of physicians. But few believe that this second wave of tort reform will permanently contain the problem. Even with the ardent support of nearly every organization in America that produces a product or provides a service—from the Boy Scouts