Two words: "Loser pays".... The problem is that medmal has become an extortion racket... and the longer you make the defendant suffer the more pliant he is in settling, a winnable case. So who in the case of medmal wins the lottery- it isnt the plaintiff- most litigation barely nets him enough to pay for ongoing care... It is the trial lawyer. If you do have a "loser pays" regime, who has the resources to pay- the trial lawyer. and who suffers no significant downside cost ( only sweat equity). the trial lawyer. ...... will never happen tho... the trial lawyers own one party (which one ? ), and we will suffer an endless crocodile tear barrage about how this screws the little guy and enriches the evil rich doctor. But the only people being enriched are both the plaintiff bar and the defense bar. Screw civil society.