Summary Of The Medical Malpractice Myth By Tom Baker

The Medical Malpractice Myth is a book by Tom Baker that discusses the research findings relating to medical malpractice. Baker’s purpose for writing this piece is to reveal the discrepancies between people’s perceptions of the myth and its realities. He questions whether or not malpractice lawsuits or medical malpractice itself is the problem. Baker argues that disputes presented in the medical malpractice myth are not the issues that people should be concerned about.
Throughout the book, Baker compares medical malpractice incidents to other circumstances that could require litigation. He cites, To Err Is Human, which examines medical malpractice versus auto and workplace accidents and finds that 100,000 people die from medical malpractice

each year, more the other two categories combined (Baker 5). Although, far less medical malpractice lawsuits are filed and taken to court, so many people are never repaid. The author also cites a study that reports insurance premiums for auto, worker’s compensation, and medical malpractice. Medical incidents only accounted for $11 billion while automobile premiums were $27 billion and workplace premiums were $57 billion. Many politicians and other leaders have suggested tort reform as a solution to the medical malpractice issues. However, Danzon, as well as Harvard and Chicago studies, have verified that “tort lawsuits compensate only one out of every twenty-five people injured by medical malpractice” (Baker 63).
Baker uses this book as a medium to discredit many parts of the medical malpractice myth.

In his first key concept, he clarifies that medical malpractice itself is a much bigger problem than the few lawsuits it results in. For the amount of malpractice that goes on, the number of lawsuits being filed is very low. He also discredits the recent “surge” in malpractice suits as being an effect of large insurance premiums. Insurance prices have a continual “boom-and-bust” cycle which is why premiums can fluctuate from high to low (Baker 45). Baker then provides evidence against the assumption that patients will sue for the most insignificant details and cause doctors and hospitals time and money. Many distressed medical malpractice victims and their families simply want to get to the bottom of what happened to them or their loved one and drop suits if there is evidence of no wrong

doing.
Not only does Baker argue that medical malpractice lawsuits are not the concern, he argues that they can even be helpful.

These lawsuits can bring to light malpractice that may be taking place and also contribute information that would not be available otherwise. Baker then proves that defensive medicine is not a leading cause of high health care costs in the United States. He maintains that defensive medicine has very little impact on the health care system and many other extraneous procedures cost much more. Lastly, Baker disputes the fact that an abundance of malpractice lawsuits and high insurance costs are prohibiting Americans from receiving the care they need. He discredits this by clarifying that the number of doctors in practice today is higher than ever before. Baker also advocates for research-based reform to make getting information easier for both parties

involved.
While Baker persuades readers that medical malpractice litigation is helping society instead of hurting it, there are still aspects of the process that need to be questioned. It is known that certain fields, like gynecology, have been harmed because of high insurance premiums. However, the author provides a solution to this problem through enterprise insurance which would allow doctors to receive insurance through the hospital or organization they work for (Baker 67). This would allow hospitals, who are in a better position than doctors, to deal with liability issues (Baker 67).
If Baker’s evidence-based reforms were put into place in the United States, the landscape of health care would change immensely. His proposals would take a great amount of pressure off doctors and would also instigate reform in the hospital system. This plan would not allow liability to be placed on any particular group; rather, it would be placed on the system as a whole. If society fails to take this line or reasoning seriously, medical malpractice will continue to soar and the burden of liability will still fall on doctors.
This book encompasses many aspects of medical malpractice. Baker discredits many layers of the medical malpractice myth and also provides evidence that malpractice litigation is not the true problem that needs to be addressed. He proposes a type of reform based on research and evidence that would acknowledge the issues brought up in his argument. Throughout the book, Baker contributes a fresh approach to the medical malpractice problem misunderstood by many.