The Medical Malpractice Myth

In this review essay, I describe the recent book by Tom Baker, The Medical Malpractice Myth and explicate its deconstruction of five such myths: that there are numerous malpractice suits that are frivolous and yet the plaintiffs obtain large judgments; and that these have led to significant social costs through defensive medicine, skyrocketing malpractice insurance rates and the exit of good physicians from the practice of medicine. I then, however, suggest that the belief of physicians in these myths are deeply embedded and unlikely to be changed by the presentation of these facts and that real reform cannot succeed if opposed by the medical profession. Finally, I suggest that a reconceptualization of the malpractice tort to focus on systemic error rather than individual blameworthy conduct offers the best chance to align the interest of patients, physicians and health insurers