re: #848 Creeping Eruption

Two elements are necessary to replace the tort system for medical malpractice: (1) you must compensate people injured by medical errors; (2) you must repair the systemic flaw that led to the error. For part (2), you need a feedback loop between identification of medical errors and the system of work that caused or permitted the error. With the current tort system, that can’t happen, because doctors and hospitals are afraid to admit error, and by the time a case is adjudicated in court, all thoughts of a feedback loop have long evaporated in the scramble to avoid liability.