I have several family members in the medical field, nurses, physicians, surgeons, as well as colleagues who have worked in malpractice, some on defense and for insurers and hospitals who have fought to get hospitals to implement correct procedures.
> I'm not sure where you live where doctors do not wash their hands,
This is a massive and well studied problem in the US and around the world. If asked about the risks, sure, doctors admit they know them. They still don't wash their hands at safe rates. The CDC claims that medical professionals still wash their hands only half as often as they should. The Lancet found poor handwashing practices by medical professionals due to low compliance with recommendations worldwide. In American ICUs, handwashing compliance baselines at about 26%.
http://www.cdc.gov/handhygiene/
http://www.thelancet.com/journals/laninf/article/PIIS1473-30...
http://ajm.sagepub.com/content/24/3/205.abstract
> The solution isn't to add arbitrary checklists and make doctors more busy. The solution is to use the scientific method
The scientific method is exactly where these measures come from. Atul Gawande's work on checklists and the discussions of handwashing are more publicly known, but proper interventions against bedsores through patient turning and proper cleaning in hospital facilities by maintenance staff contribute to patient outcomes too, along with a hundred other boring procedural improvements. All of them are adopted or recommended only after examining outcomes with those procedures according to some scientific study.
> At first you argue against tort reform and then you argue for it.
For the record, the second bit was facetious. "Add reputational costs" isn't what people usually mean by tort reform.
EDIT: shortened