Not sure if there is a need for a national insurance pool or not -- but you are quite right. If the issue is getting procedures right, then insurers should have to pay up so they have an incentive to crack down on procedures.
However, I think the tort caps exist because when big bad insurance companies are involved, courts decide to play Santa and inflate damages to huge amounts. Caps are a crude way of getting around the problem though.
However, I think the tort caps exist because when big bad insurance companies are involved, courts decide to play Santa and inflate damages to huge amounts. Caps are a crude way of getting around the problem though.