Something different for malpractice reform – how about a “tort formulary”? “Create a ‘tort formulary’ that specifically lists actionable negligence by the doctor, such as intoxication, removing the wrong organ, etc. These would be subject to unlimited damage claims. The flip side is practice guidelines, like those implemented in Maine in 1992. It would be a defense for the doctor that he went by the guidelines, or had a clear reason for departing from them. In that case, non-economic damage claims would be limited to, say, $250,000.”
