Where "tort reform" caps to medical malpractice have been made law, nothing has changed lawsuit-wise (average number of lawsuits). Cost of health care has not decreased. "Defensive medicine" (which I call 'consumer fraud') and "battery") is still alive and thriving. The only "winner" was that medical malpractice rates went down in those jurisdictions, but as private and CBO research has shown, medical malpractice (claims and insurance) only amounts to less-than-2% of health care costs. So, reductions from 2% to 1.5% is not a consumer-gain, but has increased insurance company (and possibly medical care provider) profits.

To possibly eliminate "defensive medicine" (the big concern) will require blanket amnesty to medical malpractice lawsuits. Are folk willing to relinquish any and all claims for damages incurred?

.So, it goes back to how much "risk" does the public want to accept. Do "we" want possibly lower costs at the trade-off of no claim for error or harm?