In a perfect world there would be no lawyers (no doctors, either). Unfortunately, we all have our roles to play. The defense attorneys tell you to never talk about errors with anyone outside of a peer review setting. If you do talk to anyone about an error, the plaintiff’s attorneys want to use this against you in court.

One of the first lessons in life for most people is to say you’re sorry when you’ve done something wrong: “Jimmy, say you’re sorry for tying your sister’s pony tails in a knot.” Once we become doctors, however, we are “untaught” this important lesson.

Now, we have people trying to teach us this lesson again—except they don’t bake cookies like our moms did. State legislatures in many states have gone so far as to enact laws that say it’s okay to apologize, and this apology can’t be used against you in court.

I understand the benefit of such laws, and I’m happy this protection is in place. Just think for a minute, however, how ludicrous this whole arrangement is. Our society has become so coarse and punitive that we need to have laws to protect us when we do something that was taught to us before we entered kindergarten.

Does anyone else feel like they are in a Twilight Zone episode? When a system of justice becomes so perverse that laws such as this are needed, it’s time to reconsider the manner in which we lay blame and compensate the injured.

Our tort system is choking the life out of medicine and those who practice it. I’m convinced that Congress won’t fix the Medicare payment scheme so that our lobbyists will get tied up working for a temporary fix each year. This way, we won’t have the time or resources to concentrate on other pressing issues.

Hoping that universal health care will save us from this litigation mess? That’s a nice fantasy, but I doubt the plaintiff’s bar would give up the golden goose in trade for world peace.

I believe that this battle will need to be fought state by state. Forget about tort reform. The entire way we, as a society, examine malpractice claims needs to be reinvented. We need to be strong advocates for ourselves and our patients. The current system serves nobody well but the lawyers.

We should work for a health care mediation system that promptly reviews complaints with the help of unbiased experts, and appropriately compensates the injured. Our patients will be better served by a system that seeks the truth through a fair and nonconfrontational approach, rather than through the current courtroom antics and theatrics. A loser-pays arrangement would also curtail much of the nonsense.