Abstract:
In the debate about health care reform, “defensive medicine” has become a convenient culprit for rising costs and especially rising physician malpractice premiums. Vaguely defined, the phrase, “defensive medicine,” is used to suggest that physicians make medical decisions to avoid potential litigation, instead of with their patients’ health and safety in mind. On the strength of this assertion alone, some policymakers argue for restricting Americans’ right to bring suit to recover damages for medical malpractice. This report demonstrates, however, that the proponents of medical malpractice “reform” lack persuasive evidence that tort litigation against physicians encourages them to make medical decisions that they would not have made otherwise. … (more)
Shapiro, Sidney A., McGarity, Thomas Owen, Vidargas, Nicholas W. and Goodwin, James, The Truth About Torts: Defensive Medicine and the Unsupported Case for Medical Malpractice ‘Reform’ (February 1, 2012). Center for Progressive Reform White Paper No. 1203.
First posted 2012-09-02 07:04:18
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