Why doesn't malpractice lawsuits deter future negligence?

Question

What are four reasons hy malpractice lawsuits does not deter future negligence?

Answer 1

1. The existence of malpractice insurance to pay tort damages blunts the economic deterrent effect of the tort system.

2. The cost stucture of health care prohibits medically questionable and perhaps unnecessary tests and procedures due to cost conscious managed care payers thus reducing their use as defensive medicine strategy.

3. Only a very small fraction of those injured due to malpractice actually file a claim.

4. Many malpractice lawsuits are brought and won by patients even though expert reviewers can identify no evidence of negligent care.

Answer 2

I don't know of four reasons, just one.  if a doctor is truly a negligent physician they will not change their ways simply because they got sued.  A negligent physician will just figure that's what they have insurance for.  They won't stop being negligent until the state takes away their license and forces them to stop practicing.

Answer 3

Four?  Hm.

Many malpractice lawsuits aren't about negligence - just poor outcome.  It doesn't matter if the ob is negligent - a dead baby claim is going to pay out policy limit.  

That's the only one I can think of.