A few comments about your reply.
If you are interested in setting up no-fault medical professional liability insurance then there would be no need to prove negligence--that is what makes it "no fault". The only thing that needs to be proved is coverage verification.
Although the U.S. system is litigious it does have some benefits to it in that it purges medical professionals who have lost the ability and skills to perform in a medical setting. In fact, an excessive amount of claims within the civil justice system can ultimately result in criminal prosecutions. A system such as the NIH has the perverse incentive of keeping marginal personnel practicing because the pressure to remove those practitioners comes from the state rather than from the individuals.
No profit self insurance also has a multitude of problems ranging from patient privacy issues to what happens to the patient in a cost-basis analysis. At what point does the medical costs exceed the value of what the employee may ever contribute to the employer's bottom line? If the medical costs do exceed the tipping point, then what prevents the employer from terminating the employee and leaving that person uninsured? What happens when an employer has taken a life insurance policy on "critical employees" which is becoming commonplace in American business. Should an employer be able to terminate an employee that has become obese?
Just as it doesn't make sense for an individual to get auto insurance through their employer, it doesn't make sense to get health insurance through their employer either. Too many situations occur that may result in the patient not receiving the best medical care available and creating other conflicting interests.
Yes, there is a significant cost because of defensive medicine, but there are some benefits that many Americans would not be willing to sacrifice in order to lower those costs.
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