Global look at tort struggles offers glimpse of reform options

Physician leaders worldwide are grappling with medical liability problems, though most believe the United States has the worst situation.

By Damon Adams, AMNews staff. Oct. 10, 2005.

Ottawa -- Physicians around the world say the medical liability system is faltering in a number of countries, hobbled by high premiums in some places, hindered by ineffective approaches in others.

Medical leaders, attorneys and others traveled from as far as Australia, Kenya and South Africa to Canada last month to discuss the medical liability climate. They met in Ottawa for the Physician Insurers Assn. of America's International Section Conference to get a taste of what's happening in medical liability around the globe.

Many attendees said that while their countries may be struggling, they aren't as bad off as the United States. Experts said they are well aware of the liability crisis and rising premiums in the United States and noted that they are glad their nations are not experiencing a similar fate.

AMA Immediate Past President Donald J. Palmisano, MD, told the 220 conference attendees that the medical liability system in the United States fails physicians and patients. He said some states have made progress through reforms such as caps on noneconomic damages.

"But these are all defensive measures. They don't go to the root of the problem," said Dr. Palmisano, a general and vascular surgeon in New Orleans who also runs Intrepid Resources, a medical risk management and claims review company, and has a law degree.

At the two-day conference, medical liability experts agreed that various countries have their strengths, but no current system provides a perfect solution. And it's not practical to take one country's scheme and expect it to solve another country's problems.