Personal Injury Law

Defensive Medicine

By Beth Janicek

An editorial by USA Today states that physicians practice “defensive medicine” in order to protect themselves from lawsuits rather than serve their patients best interests. The editorial claims that even with healthcare costs being out of control, physicians have began “shunning the sickest patients or ordering needless hospitalizations, drugs, tests, and invasive procedures” because of the threat of being sued.

Les Weisbrod, president of the American Association for Justice, counters the editorial by USA Today by stating that trial attorneys, much like doctors, are passionately committed to improving lives and protecting patients. Weisbrod points out that it is America’s legal system that helps injured people seek recourse, and leads to improved safety methods and standards. A study conducted by individuals in the medical field at Harvard’s School of Public Health found that “97 percent of medical malpractice claims had merit, proving only those with real injuries seek any recourse.”

The standard for a medical malpractice claim is for the physician to act as a reasonably prudent physician would in the same or in a similar situation. This should be the standard that all healthcare providers are held. The United States legal system merely provides justice for deserving, injured individuals while holding wrongdoers accountable for their actions.

Full post as published by San Antonio Personal Injury Lawyer on December 31, 2008 (boomark / email).