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Defensive medicine and impact on doctor
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Defensive medicine impacts the delivery of health care in a both a negative and positive way depending on the situation. Physicians in the United States are currently ordering more diagnostic tests/treatments to protect their identity and career as a physician. Defensive medicine is becoming more common which negatively impacts the patient physician relationship. Unnecessary diagnostic tests, treatments, and hospitalization are increased health risks to the patient and are costly to the insurance company. Invasive tests performed on the patient to reconfirm the diagnosis may lead to complications which was not the primary complaint or issue. Defensive medicine also excludes patients from “high risk” treatments which may be lifesaving but is not performed due to the fear of malpractice litigation. If the patient does not receive treatment because the procedure is high risk than they are in a cycle where no physician will treat them due to the fear of being sued. This situation where a patient does not receive care can be frustrating especially if the individual knows what procedures can be done. Prior to medical …show more content…
a fifty-one-question survey was sent out to three thousand thirty-four United States medical neurosurgeon members of the American Association of Neurological Surgeons. One thousand and twenty-eight surgeons participated in the survey and revealed that “72% of the respondents ordered imaging studies, 67% ordered laboratory tests, and 66% consulted other physicians solely for defensive purposes.” Defensive medicine is associated with increased costs of healthcare and a decrease in the quality of patient care. Per Nahed1, several studies estimate that unnecessary costs incurred due to ordering imaging or laboratory tests primarily to lessen malpractice risk is between $41 billion over five years. Based on this evidence, Physicians are more likely to order more tests and avoid high risk patients that could be
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
Dr. Atul Gawande’s article, “Overkill”, describes the harms of overtreatment and over testing to not only the patients, but the US health care system as well. He utilizes patient’s stories, his own personal stories, and expert analysis to inform the readers that the health care system is overdoing tests, over diagnosing, and performing procedures that are extremely expensive, but in the end does not improve the patient’s condition. Dr. Gawande’s argument is that the US health care system is engaging in expensive, unnecessary medical care when they should be adopting a slow medicine philosophy.
In the healthcare industry, medical malpractice has a history that extends way beyond the days of physicians carrying a black bag full of medication and remedies to treat patients. Health care has since evolved to digital technology that can detect and treat disease. However, before physicians had advanced machinery making medical diagnosis, doctors had their textbooks and medical judgment to rely on for treatment. Physicians are human and medical mistakes can happen, but should not happen due to negligence. With that said, medical malpractice lawsuits are not the latest trend in the United States. According to the US National Library of Medicine National Institutes of Health, medical malpractice lawsuits first appeared in the United States beginning in the 1800s. However, before the 1960s, legal claims for medical malpractice were rare, and had little impact on the practice of medicine. Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
For hundreds of years doctors and other medical professionals have gotten away with little to no punishment when doing wrong in the medical field. Medical Malpractice happens in the care of the reckless medical professional and can be stopped by the correct supervision and discipline. Although medical malpractice is something huge, it could be eliminated by just taking a little extra time and review the care that is being given to a patient. Would you allow someone to give the care you’re giving to others, to your own family? You need the bed, so you discharge early. Patients aren’t properly informed. Legal documents aren’t thoroughly explained. Shortage of staff, hospital downsizing, or mergers. (“Nursing Center”) The only thing that the medical team should be worried about it the care of all of the patients. The medical field would become more advanced if the actual medicine was practiced the right way. Lives are being compromised everyday with incompetent doctors, practicing medicine. Medical Malpractice can be solved with the buckling down of the medical professionals, and the administration that watch over these professionals. Medicine is a complicated field, where lives, money, and careers are put on the line for such an important matter. Together, we can lessen, even eliminate Medical Malpractice all
He said, “Studies of specific types of error, too, have found that repeat offenders are not the problem. The fact is that virtually everyone who cares for hospital patients will make serious mistakes, and even commit acts of negligence, every year. For this reason, doctors are seldom outraged when the press reports yet another medical horror story. They usually have a different reaction: This could be me. The important question isn’t how to keep bad physicians from harming patients; it’s how to keep good physicians from harming patients” (658). Like Gawande asked—how do you keep good physicians from harming patients? Even the best of doctors and surgeons manage to make mistakes that led to being sued or even worst—they get to experience the death of their
Doctors are well respected within the realm of American society and are perceived with the highest regard as a profession. According to Gallup’s Honesty and Ethics in Profession polls, 67% of respondents believe that “the honesty and ethical standards” of medical doctors were “very high.” Furthermore, 88% of respondents polled by Harris Polls considered doctors to either “hold some” or a “great deal of prestige”. Consequently, these overwhelmingly positive views of the medical profession insinuate a myth of infallibility that envelops the physicians and the science they practice. Atul Gawande, in Complications: A Surgeon’s Notes on an Imperfect Science, provides an extensive view of the medical profession from both sides of the operating table
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
Studdert, David M. "Defensive Medicine Among High-Risk Specialist Physicians in a Volatile Malpractice Environment, June 1, 2005, Studdert Et Al. 293 (21): 2609." JAMA, the Journal of the American Medical Association, a Weekly Peer-reviewed Medical Journal Published by AMA. American Medical Association, 1 June 2005. Web. 31 May 2010. .
For healthcare providers, there is no word that elicits as much frustration, fear and anger as much as the word “malpractice.” Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In order to prove that there was some type of negligence going on you must show that:
Discussion between the physician and the patient regarding treatment options and the risks and benefits of treatment.
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
Most people don't pay attention to malpractice until it's too late and it's happening to them and it's unbearable.The average annual number of suits filed each year is about 85,000, with the actual number of medical injuries estimated to be about one million per year. The amount of malpractice cases is rising and is continuing to rise and that's not good for the economy or for the civilians. “More than 250,000 people die each year in the United States because of medical errors.”( Manning) The issue is that malpractice is happening to often now and needs to come to a decline. I am a witness to this and so are both sides of my family with different