Medical Malpractice: The Case for Contract

Medical malpractice, a subject that once languished in comparative obscurity, has in recent years become one of the most hotly debated topics of our time. The reasons for its surge to prominence, not only in medical and legal circles but also in the public eye, are not difficult to detect. Vast increases, slow at first but more rapid of late, have been evident in the number of medical malpractice actions; in the number of actions in which the plaintiffs have recovered; in the average size of their recovery; and, as a consequence, in the cost of medical malpractice insurance. In and of itself the unmistakable trend in the figures need not be a source of public concern. We could simply wash our hands of the whole affair and indulge in the happy assumption that the matter eventually will sort itself out in the marketplace. The cost of malpractice awards could be treated as just another cost of providing medical care that will, in the long run at least, be passed on to either taxpayer or consumer.