The percentage of money spent on healthcare for malpractice is flat (in some states, actually down). Hospital, drug company, physician and insurance company profits coupled with the fact that most Muricans want to eat SuperSized Fried Excrement, exercise by pushing buttons on their Nintendos, and then refuse to die and get out of the way when they're old is what's driving healthcare costs. It's been 6 years or so since I was in the healthcare insurance industry, but I doubt the fact that 80+% of all medical expenditures for an individual in this country is spent in the last 3 months of life has changed much.