Maybe this is too simple then, but can't they just warn you at the hospital that the drug they are about to give you has a 1 in a million chance of killing you, and you have to sign something not to sue if it actually does? If I need whatever that drug is bad enough to get me through whatever health issue I am having, you get to the point that you are willing to try it regardless of the odds and shouldn't get to sue if it doesn't work...they are just trying to do whatever they can to save your life.

The only time I see the lawsuits coming in is in the gross malpractice cases where they give you something completely different from what they were supposed to and it does damage....even then, some of the payouts are just ridiculous.

Perhaps we need healthcare like auto insurance...full tort and limited tort at different prices, so the sue happy people pay more, but are covered with their full tort policy.