The Agenda

An Intriguing Idea from Peter Orszag

Who knew that Peter Orszag would turn out to be a tremendous columnist

 

The traditional way to reform medical malpractice law has been to impose caps on liability — for example, by limiting punitive damages to something like $500,000. A far better strategy would be to provide safe harbor for doctors who follow evidence-based guidelines. Anyone who could demonstrate that he has followed the recommended course for treating a specific illness or condition could not be held liable.

The health care reform act that Congress passed earlier this year included a modest set of state pilot projects, including one in Oregon that is intended to experiment with this approach. But these pilots are small; the project in Oregon, for example, has only $300,000 in financing.

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.

This approach is far from perfect. It places a heavy burden on the creation of evidence-based guidelines. But it’s an example of creative thinking that leads me to believe that a heavier Orszag influence might have improved policymaking in the White House. One wonders how many times he was overruled during internal deliberations. Or perhaps I’m being too generous. 

Most Popular

Elections

A Hard Look at Those Post-Election Legal Efforts

On the menu today: Michigan certifies its vote totals; the General Services Administration starts the transition; and it’s time for a hard, unflinching look at the president’s post-election legal efforts. What Did the President Get from His Legal Team? Michigan and Georgia have certified their election ... Read More
Elections

A Hard Look at Those Post-Election Legal Efforts

On the menu today: Michigan certifies its vote totals; the General Services Administration starts the transition; and it’s time for a hard, unflinching look at the president’s post-election legal efforts. What Did the President Get from His Legal Team? Michigan and Georgia have certified their election ... Read More
History

From Hate to Heroism

Welcome to “The Tuesday,” a weekly newsletter about language, culture, politics, and, lately, relentless book-hawking. To subscribe to “The Tuesday” and receive it in your inbox, please follow this link. From Hatred to Heroism Daniel Cordier, when he was young and getting started in life, did not seem ... Read More
History

From Hate to Heroism

Welcome to “The Tuesday,” a weekly newsletter about language, culture, politics, and, lately, relentless book-hawking. To subscribe to “The Tuesday” and receive it in your inbox, please follow this link. From Hatred to Heroism Daniel Cordier, when he was young and getting started in life, did not seem ... Read More
Elections

It’s Only ‘Free and Fair’ When We Win

Indeed, this is astonishing: https://twitter.com/felixsalmon/status/1331295033325219840 In 2018, after two years of media spinning tales about shady Russian infiltrators in our government, 67 percent of Democrats believed that Putin’s gremlins had bored into our voting machines and altered the outcome ... Read More
Elections

It’s Only ‘Free and Fair’ When We Win

Indeed, this is astonishing: https://twitter.com/felixsalmon/status/1331295033325219840 In 2018, after two years of media spinning tales about shady Russian infiltrators in our government, 67 percent of Democrats believed that Putin’s gremlins had bored into our voting machines and altered the outcome ... Read More

The Coup That Wasn’t

Donald Trump is not done challenging the results of the 2020 election in court, and he is by no means done complaining. But there will be no “coup.” Any prospect of Trump remaining in office without a legal process that declares him the recipient of more legal votes in the decisive states has now evaporated. ... Read More

The Coup That Wasn’t

Donald Trump is not done challenging the results of the 2020 election in court, and he is by no means done complaining. But there will be no “coup.” Any prospect of Trump remaining in office without a legal process that declares him the recipient of more legal votes in the decisive states has now evaporated. ... Read More