Can you reform health care before reforming malpractice?

An nurse quite accurately the issue of practice variation in the ER:

This goes back to the free for all nature of medicine. One doctor practices one way and another, a different way. I see it in ER everyday with tests being ordered. There are the people who order a myriad of tests and those that don’t. There doesn’t seem to be a standard. I never have understood it. Why is there such a variance in practice? Looking at it from my perspective, it feels like so much of it is based on malpractice concerns. Can health care be reformed before malpractice law is reformed?

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