Malpractice settlements and verdicts tract exactly with the cost of health care. All the actuarial studies confirm this. Malpractice reform is red meat for part of a political base, but it has very little to no impact on costs.
Originally Posted by Racerunner
As I mentioned in my original post, the practice of defensive medicine is so widespread that it has become the standard of care in many respects. For example, very few people who go to an emergency room with a blow to the head have bleeding into the brain and most of those who do can be identified by physical exam findings. But
everyone who goes to the ER with a blow to the head gets a CT scan. Why? Because the one person in 1,000 who
does have bleeding into the brain will sue the ER physician. And that suit would be successful today because the practice of getting routine head CT's is so widespread as to be the standard of care.
The studies looking at effects of tort reform are looking at the wrong end of the elephant. What matters to doctors is not the amount of damages awarded; as has been pointed out, that's what malpractice insurance is for. The problem is that even a suit that is thrown out takes an inordinate amount of time, effort, and lost sleep. I know of one malpractice suit that was dismissed
seven times and refiled seven times before finally being dismissed with prejudice (meaning it could not be refiled in any court). That process took
eight years to play out. Meaningful tort reform would have to involve measures to prevent suits that are going to be thrown out (which is the majority) from being filed in the first place. To my knowledge, such an attempt has never been made.
The rest of the world has no such tradition of litigation. A British physician of my acquaintance told me she was advised by the National Health Service not to let anyone know she was a doctor in the event of a medical emergency on her flight to the U.S. because the person having the problem might be an American who would sue her if anything went wrong.