Have every patient agree in writing before becoming a patient that they, nor any lawyer working on their behalf, will sue their doctor for malpractice unless that doctor FIRST is found liable for malpractice by a majority of a pre-selected 4 doctor board of same-specialty doctors who determine that he is indeed guilty of malpractice. The board will have 4 members with one member each appointed by: the patient, the doctor, the insurance board, and the state.
This takes it into the area of an existing contract between the patient and the doctor.
The patient is not giving up his right to sue. He is only making it contingent on a finding of malpractice by a committee of other specialists in the field.