He's right, it's a cultural problem, and no "reform" will fix it.
"Liberaldem" has written a nice opinion piece in the vein of what I've been meaning to write for a few months now. The entire piece is worth reading, but I especially agree with his conclusion:
How, then, can the problem be fixed? It has to be cultural. It can't be a forced change. There's no law that can make people allow for each other's imperfections. Neither is "tort reform" the answer. Taking away legal recourse will only protect those who are truly at fault in a given situation. Each of us, one by one, must look in the mirror and see another person. That other person must have faults like ours. Bad days, occasionally poor judgement, misstatements and all the other warts that we so earnestly wish for others to accept in ourselves. Then, and only then, can safety and sanity determine the options we choose rather than avoidance and secrecy. Then and only then will we empower our leaders in business, government and education to speak up when something goes wrong. Only then will those about whom we care the most, our children, be safe. I'm game, are you?
Source: Going Down the Road: "Circle the Wagons" Culture
If we're a litigious society, it's because we have a winner-take-all mentality that sees most of life's endeavors as a zero-sum game. We don't value compromise, we admire self-described SOB's for their selfishness and greed, and we see those who seek compromise as weak. The natural result of such a culture is that when something goes wrong, we want vengeance and we want money.
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