Personal Injury Law

The Truth About Defensive Medicine

By Steven M. Levin and John J. Perconti

One of the many tools in the arsenal of big interests seeking to limit patient rights is the claim that malpractice lawsuits encourage costly defensive medicine. The assumption is then made that these unnecessary medical steps lead to increases in the cost of healthcare. That was the refrain used by many members of Congress this week as the U.S. House gears up for its seemingly symbolic vote to repeal the recently passed healthcare legislation.

However, as a recent Huffington Post article explains, the claims made about the effect of ?defensive medicine? on costs are virtually unproven. In most cases the idea is generated solely by doctor surveys organized by the very groups who stand to benefit from claims about rising healthcare costs. When pressed further most of these groups have a difficult time identifying what exactly constitutes defensive medicine.

Even more evidence continues to pour in that shows that increased testing is most frequently done because of the fee for service Medicare guidelines that incentivize overuse of procedures. Regardless, Medicare rules would forbid performing tests that are unnecessary except to defend against lawsuits. In other words, if defensive medicine is used, it is illegal and should be rooted out.

Full post as published by Illinois Medical Malpractice Blog on January 08, 2011 (boomark / email).