I really think there needs to be some tort reform in this country.
While I've never had a malpractice suit brought against me, several of my colleagues have been sued, and it's a really unpleasant process. Furthermore, every single one of the lawsuits were unjustified. I say this based on the fact that the suits were eventually dropped without any sort of trial or anything like that.
What appears to happen is that when a patient files a lawsuit, every single doctor who has ever said hello to the patient in the hallway or breathed their general air is named in the suit. Then eventually, they drop some of the physicians from the suit who are clearly not involved and didn't do anything wrong. Dropping the innocent physicians from the suit can take years, believe it or not. And during this time, the physician has to live with a lawsuit over their head, and every time they file any of the paperwork for license renewal or privileges at the hospital, they have to provide all the paperwork about the lawsuit.
Another physician was telling me about a lawsuit that was brought against him when the malpractice law was about to change, so the firm quickly filed every suit that they had pending, just to see if any might stick. Again, this was eventually dropped, but it took years.
Being the subject of a lawsuit definitely affects how you practice medicine. It makes you extremely cautious and probably spend way too much ordering extra tests to double cover your ass. Even if you know you didn't do anything wrong, because you really never know until it gets to court.
I'm not a lawyer or in that business so I'm not sure how to change things, but something is definitely wrong with the way it is right now.