Peter Orszag's Truly Bad Medical Malpractice Prescription

Yesterday's New York Times published a column by Peter Orszag in which he complains that the health insurance reform bill did not do enough to federally "reform" state medical malpractice laws. He argues that Congress should "shield from malpractice liability any doctors who followed evidence-based guidelines in treating their patients" and "provide safe harbor for doctors who follow evidence-based guidelines." He says, "[A]nyone who could demonstrate that he has followed the recommended course for treating a specific illness or condition could not be held liable." In response, Joanne Doroshow replies "This is a horrendous idea." I agree. Go here to read her full response.