Best debunked medical myths: Medical malpractice lawsuits increase patient safety

October 1, 4:01 PMSeattle Caregiver ExaminerVicki Rackner MD

Previous Next

1 comment Print Email RSS Subscribe

Subscribe

Get alerts when there is a new article from the Seattle Caregiver Examiner. Read Examiner.com's terms of use.

Email Address   Include other special offers from Examiner.com Terms of Use

Myth: Medical malpractice lawsuits increases the odds that patients get safe medical care.

Fact: Medical malpractice lawsuits, intended to help keep patients safe, may well do more harm than good.

The practice of “defensive medicine” may decrease the odds that patients get safe medical care, suggests a study published in JAMA. Harvard researchers found that over 90% of surveyed doctors in Pennsylvania practice defensive medicine. This means that doctors ignore their clinical judgment and order tests that are not medically indicated, refer patients to other doctors or avoid certain kinds of patients or procedures.

Medical malpractice, intended to enhance patient safety, may paradoxically create an unsafe environment and compromise patients’ care.

The very foundation of the health care system is the doctor-patient relationship. Despite the vast technologic advances, the most powerful intervention we have is still this trusting, caring partnership. Forces that nurture collaboration between members of the health care team support quality care.  Forces that fuel adversity, like the threat of medical malpractice, increase the risk of bad outcomes for the patient.

Medical safety is a huge problem. Preventable medical errors, the eighth leading cause of death in the US, kill more patients than breast cancer or AIDS or car accidents each year. Errors occur because health care is complex, it’s delivered by people, and people make mistakes. Building a safer system that avoids errors is the most prudent solution.

The costs of medical malpractice are staggering. First there’s the cost of the practice of “defensive medicine,” which is care provided not to serve the patients, but rather to protect the doctor from lawsuits. This JAMA study describes the scope of the practice. The biggest cost is the erosion of the trusting relationship between doctors and patients, who come to view each other with suspicion. The best way to get safe, quality health care is for patients, doctors and other health care providers to listen to each other and work together as a team.

Every participant in the health care system wants the same thing: quality health care that restores optimal health. We have much more effective paths than medical malpractice lawsuits. It means getting back to basics.