On the recordSeptember 23, 1993
We propose to do a couple of things in malpractice to--and let me just say, malpractice not only affects doctors with higher premiums but a lot of people believe it adds to the cost of the system, because doctors practice what is called defensive medicine and order procedures they otherwise wouldn't just to keep from being sued. We propose to do three things: number one, develop more alternative- dispute-resolution mechanisms to lawsuits; number two, limit the amount of contingency fees lawyers can get in those lawsuits to one-third of the fees, not more, and number three, and I think most important, develop working with the medical specialists as well as GP's, general practitioners, a set of accepted medical practice guidelines that doctors can have that operate--to oversimplify it, almost like the checklist that you see a private pilot check off before they--if you've ever ridden in a private plane. So that if you follow the medical practice guidelines for whatever you're doing in your area, that will raise a presumption that you were not negligent. That can do more than anything else. This was pioneered for rural doctors in Maine, this whole theory. We believe it can do more than anything else to reduce the number of malpractice suits. The third thing you asked was what about the Government trying to force you into certain specialties.
Source
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