Jack,

Your post so insightful.

I don't think many of the litigants for malpractice want to "clean-up" they just want to survive and have the best life that is left to them after the bad thing happened to them.

I believe that the legal system is a vital part of the balance to make sure that the individual does not get overwhelmed by the system.

Litigation is not picnic for the person or the institution. This poor little boy at OHSU has become a "poster child" for the abuse of the system by OHSU, it seems that no one can use common sense anymore.

Even in my industry litgation seems rampant, the last major project I worked on had several court actions that if people had just sat down together and figured out what was fair, instead of this blind side win/lose mentality litigation, makes sure someone loses, instead of working together to make the best of a bad situation.

I'm wondering if later on while they are staring at their floundering budgets if they'll apologize for the aerial tram [rim shot] and the millions it takes from their core missions every year.
By my best guess is they'll be out around $4 million a year for at least 20 years.

Every time I buy one of the Dornebecher's children's hospital cards at the grocery store I'll be thinking of the way OHSU threw away millions on the pathetic Tram.
RIM SHOT

What I find most amusing, and sad, is that folks see the idea of the hospital/doctor apologizing and admitting what happened as some grand new revolutionary idea.

Jack, the legislature (that is, doctors' liability carriers) is ahead of you. See ORS 677.082:

"Expression of regret or apology by licensee.

"(1) For the purposes of any civil action against a person licensed by the Board of Medical Examiners, any expression of regret or apology made by or on behalf of the person, including an expression of regret or apology that is made in writing, orally or by conduct, does not constitute an admission of liability for any purpose.

"2) A person who is licensed by the Board of Medical Examiners, or any other person who makes an expression of regret or apology on behalf of a person who is licensed by the Board of Medical Examiners, may not be examined by deposition or otherwise in any civil or administrative proceeding, including any arbitration or mediation proceeding, with respect to an expression of regret or apology made by or on behalf of the person, including expressions of regret or apology that are made in writing, orally or by conduct." [2003 c.384 §1]

"The concept is called 'full disclosure/early offer' [...]"

Also known as "taking responsibility", "playing nice", and "behaving honorably".

the legislature (that is, doctors' liability carriers) is ahead of you.

That's not what the article has in mind. An admission of liability would be part of the program. Not a Packwoodesque "if I did anything wrong, I'm sorry."

[Posted as indicated; restored later.]