Readers offer alternatives, share experiences

I was interested in the article about the broken liability system and alternatives (“Transforming the medical liability system,” AAOS Now, September 2010). I believe compensation should not always be linked to medical errors or negligence, but should also be available for medical mishaps or what I would call maloccurrences.

Certainly when a physician acts with gross negligence or performs in a manner that obviously violates the standard of care, a medical liability lawsuit would be in order and may help identify doctors who have not developed or maintained proficiency or have not kept their patients’ best interest foremost—but that does not describe most medical liability cases today.

I would propose a system of maloccurrence insurance, to change the mindset of both patients and providers. If a system of maloccurrence insurance were put in place, the dysfunction of the current system could be greatly alleviated.

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