Dr. Martin Hash Podcast

Medicine is NOT a science, though it has science-like aspects. As proof, quack remedies like acupuncture, chiropractic, homeopathy, massage-therapy & the like would not be part of the treatment regiment of a “science.” It's because many patients can simply be treated via placebo, which is totally mental, that encourages the reliance on mysticism, and religion is also often evolved, adding another layer of spiritualism, the opposite of science. When something is as subjective, irrational & personal as medicine, liability does not apply.

Adding avarice to this raucous mix, American attorneys are perversely incentivized to pursue contingency fee-based liability jackpots, engendering an adversarial relationship between doctors & patients, and due to vagaries in the tort system, irresponsible people often aren't the ones held responsible. Liability award caps don't necessarily solve the problem because doctors are more worried about the tarnish to their reputations rather than the money. Award caps would lower insurance premiums which would allow doctors more leeway in what they practice. The real solution is to indemnify doctors against medical liability altogether.