In an Acton Commentary this week, I argue that a critical piece of any comprehensive and meaningful reform of the health care system must include malpractice litigation (tort) reform. Part of what makes this so urgent is that the litigious climate in which we live has eroded the doctor-patient relationship. In “Patients and Doctors: Partners not Adversaries,” I write that “patients are less inclined to trust doctors whom they believe are ordering tests and procedures out of a desire to protect their own economic interests. Patients in turn are much more apt to turn to legal remedies when they feel that doctors have not been forthcoming and trustworthy.”

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I thought this was an interesting bit at the intersection of morality and economics. An insurance brokerage firm, K&B Underwriters, is sponsoring a physicians’ survey designed to determine whether doctors who work within a “culture of life” framework (e.g., eschewing abortion) are less prone to malpractice suits than those who don’t. The company’s hypothesis is that pro-life physicians are indeed “safer” in this way, with the implication that pro-life medical practices could be one criterion taken into account when calculating malpractice insurance. It’s a controversial claim, to be sure, but an intriguing approach—and the results so far seem to be supporting the hypothesis.

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A recent NBER working paper, “The Effects of Tort Reform on Medical Malpractice Insurers’ Ultimate Losses,” argues that “The long run effects of reforms are greater than insurers’ expected effects, as five year developed losses and ten year developed losses are below the initially reported incurred losses for those years following reform measures.”

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