Fight Club: Doctors vs. Lawyers–A Peace Plan Grounded in Self-Interest
Volume 83, No. 2, Winter 2011
By Andrew J. McClurg [PDF]

Doctors and lawyers have been at odds since the first medical malpractice “crisis” occurred in the mid-nineteenth century. Their modern fight plays out publicly in a variety of forums, principally the national tort reform movement. Like professional wrestlers, the fighters sometimes resort to dirty tactics. It is an unseemly, embarrassing spectacle for what have traditionally been considered the two most prestigious professions. Given the importance of the healthcare and legal systems they serve, the doctor-lawyer conflict has implications for all Americans. Previous calls for doctors and lawyers to improve their relationship have been met with scorn. This Article takes a different tack in calling for improved relations: an appeal to self-interest. It argues that doctors and lawyers have shared tangible and intangible interests in reducing their conflict and improving communication. The Article also sets forth several steps toward accomplishing these goals, including the need for each side to acknowledge certain core, uncomfortable truths about our medical liability system.

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