This is a red herring, imho. Here's an editorial:

http://www.commondreams.org/views05/0126-27.htm

Relevant quote:

The nonpartisan Congressional Budget Office finds that the costs associated with malpractice--buying insurance and paying out damage awards--amounts to less than two percent of America's skyrocketing healthcare expenses. "Even a reduction of 25 percent to 30 percent in malpractice costs would lower healthcare costs by only about 0.4 percent to 0.5 percent, and the likely effect on health insurance premiums would be comparably small," the CBO determined.