It's a cycle... that's for sure. The problem with these med mal cases is that the doctor DOES NOT get his license revoked, and usually commits more of these types of actions.
I think the duty is two-fold. If a patent goes in for a surgery that has risks, and they get hurt... but it wasn't because the doctor did anything wrong, just because it's a RISK. I.E. Liposuction has a VERY high rate of infection... should be able to sue the doc.
Now, to even GET a med mal case, you have to present the facts of your case to a panel (of doctors) for them to decide if it "worthy" of being a case... THEN you get to sue. So it is really hard to get a suit in, especially if it is bogus...
Problem? There are alot of incompetiant doctors... trying to meet their 4pm Tee-times on Friday afternoon...
Sure, the cost comes back on the rest of the public... but I wouldn't have it any other way... Because I know if I go in and have an injury that is a 15 million dollar injury ... and the government says "Oh, there is a cap of 150K sorry" -- now I have 3 million in bills and bullshit, but I get 150K because Americans don't want to pay... bullshit.
And yes, the way our system is now, it sucks donkey. If a doctor is found to have screwed up, his license should be revoked. If I as an attorney get a DUI, I will most likely lose my license... if I lie about something to a client or judge, I will lose my license... yet doctors can be grossly negligent and keep their licenses... makes no sense to me.