SO! TWO INGREDIENTS TO HEALTH SYSTEM SUCCESS:
1) Get rid of the so-called "Employer Mandate" and any employment-related tax benefits or rules of any kind. Tax "health benefits" as regular income.
2) Get rid of Treble Damages on Malpractice Pain&Suffering damages.
I agree with that conditionally (and actually, have the same practical economic in spite of fundamental economic views generally). I've thought a good way to handle it was to make a two tier system.
Doctors may shield themselves from liability for continuing damages and pain and suffering, and be subject to a low malpractice lost wages cap. Attorney fees cannot be recovered. The logic here is that with a no additional cost health care system, all future medical care is covered regardless of cause or cost. In order for doctors to opt-in to this system, they must bill so many hours per week / month / year at going hospital (single-payer tier) rates. Patients who wishes to opt-in to the inexpensive system pays for that with their rights to claim certain damages (kinda like an options collar--give up the upside to protect against the downside costs)
Doctors may have a private practice outside of the single-payer, while preserving the protections from the single-payer system, and may bill at unregulated rates.
Individuals may purchase supplemental med mal insurance (in much the same way uninsured / under insured motorists coverage works - a first party coverage against third party negligence). This would cover excess lost wages, pain and suffering, and attorney fees.
Elective cosmetic surgery (with appropriate exceptions for correcting deformities), is not subject to the single payer system, and doctors performing it may not claim the single-payer protections.
The perverse incentive is removed for doctors to pursue high-paying elective clients. This also gives incentives for doctors to give care to the poorest, while removing the danger of med-mal. With only lost wages in play, and capped at that, mediation is all but certain to be preferred by both patient and doctor.
I'm guessing there's a lot of attorneys and insurance folks who wouldn't want any of that--but that probably is more of an endorsement of the model then an argument against it.