Peter Orszag writes in today’s NYT: “What’s needed is a much more aggressive national effort to protect doctors who follow evidence-based guidelines. That’s the only way that malpractice reform could broadly promote the adoption of best practices.” Or we could admit that we don’t have enough information to determine what the optimal medical-malpractice regime is and let states try different approaches. That would not broadly promote the adoption of whatever Washington considers best practices, but it seems like an appropriately modest (and constitutional!) approach for the feds to adopt.