William B. Schwartz

In the following viewpoint, William B. Schwartz argues that the main purpose of a medical malpractice suit is to deter future negligent behavior rather than compensate the current victim. He maintains, therefore, that patients should be allowed to sue their HMOs. Only when HMOs are forced to decide that it is less expensive to change their practices than to pay damages when a judgment goes against them will they become accountable for their decisions, Schwartz contends.
William B. Schwartz is a professor of medicine at the University of Southern California.

As your read, consider the following questions:

1. In Schwartz’s opinion, what is the most useful criterion for judging medical negligence?
2. What act prevented HMOs from facing the possibility of a malpractice suit, according to the...