These are the reasons a viable system of medical negligence (malpractice) litigation is necessary to protect the public. The threat of being held financially responsible for diagnostic and treatment errors is the only economic incentive that causes the medical establishment to police its own ranks.
I have been an attorney in Sonoma County for 38 years and have represented both sides (physicians and patients) in medical negligence cases. Without question, California law today unfairly favors doctors and their insurance companies at the expense of patients.
http://www.pressdemocrat.com/csp/mediapool/sites/PressDemocrat/News/story.csp?cid=2213058&sid=555&fid=181#page=1