Philip K. Howard, of Common Good, writes an opinion piece, published in the WSJ:

Any sick person who gets sicker can drag a doctor through years of litigation — an average of five years to resolve a claim. A jury can render a verdict that bears no relation to accepted medical standards or, indeed, the results of prior cases. It is not that most juries are unwise: Overall, according to a recent Harvard study, the error rate in this system is about 25%. But playing Russian roulette with one bullet in four chambers is not a source of comfort to most doctors. Meanwhile, payment to patients who deserve it may take years, with the attorney taking up to 40% of the award.

The direct costs of the malpractice system, about $28 billion a year, are only the tip of the iceberg. Defensive medicine — the practice of ordering the procedures and tests that are not clinically indicated — is ubiquitous, according to a recent study in Pennsylvania, practiced by over 90% of physicians. It’s hard to calculate the total cost of defensive medicine, but estimates start at the tens of billions and go up from there.