This is the first in a series of three articles addressing medical malpractice-related issues.
The number of frivolous malpractice lawsuits is on the rise. Physicians are altering their behavior as a result, some even abandoning their practices out of fear of being sued. Sound familiar? It was the 1850s. Unfortunately, the more things change, the more they remain the same.
One hundred fifty years later, many of the problems with the medical malpractice system still exist. The American Medical Association lists approximately 20 states in a professional liability crisis. Estimates show 50,000 to 60,000 open medical malpractice cases at any one moment. And this is probably an underestimate. Is there any wonder why the cost of medicine is so high?
The vast majority of this litigation is non-productive for both physician and patient alike. Up to 80 percent of medical liability claims are closed without payment to the claimant. Of the cases that do not go to trial, physicians are found to be not negligent (not at fault) 83 percent of the time. The medical malpractice system consumes a vast amount of professional and financial resources. Worst of all are the collateral consequences.
It should also come as no surprise that physicians react to the possibility of being sued just as they did in the 1850s. How? By altering their behavior to practice defensive medicine. While some defensive medicine may provide benefit to patients, the vast majority provides no additional benefit, just cost. Paradoxically, some defensive medicine can actually promote harm. Anytime you stick a needle into a patient, just to be sure, there is a chance the patient will be injured.
