Quote:
Originally Posted by Double Eagle
This is just not borne out by the studies that have taken place in Texas and other states where MedMal Tort reform has been enacted every one of which reports no decrease in utilization post reform.
You're assuming that the fear of being sued is related to the dollars. It's mostly the process that drives the fear of being sued. Even if you win, you don't win.
It's a complicated topic - from a RAND study a few years ago "We agree that the tort system does a poor job of distinguishing between good physicians and those who are incompetent or careless and a poor job of motivating diligent behavior.3 Indeed, one possible interpretation of our findings is that even when the threat of being sued for malpractice is substantially reduced, physicians are just as careful. Perhaps it is time to abandon the term “defensive medicine,” in recognition that the complex set of motivations that inform clinical decision making is really just the practice of medicine, imperfect as it is."
From a JAMA study of 2014 "In conclusion, although a large portion of hospital orders had some defensive component, our study found that few orders were completely defensive, and that physicians’ attitudes about defensive medicine did not correlate with cost. Our findings suggest that only a small portion of medical costs might be reduced by tort reform."
So it's a swamp - a large portion of orders have some defensive medicine baked in, but the influence on cost is unceratin, and tort reform might not make much of a difference, in terms of $$ saved.
I've always felt that the medmal topic is peripheral to health care costs, anyway - there are a lot of other drivers of costs that are probably a lot more important. Docs are VERY slow to change their practice patterns even when there is really good evidence that doing so would be wise. And this is all kind of a derail, anyway.
MM MD
Last edited by hobbes9324; 01-07-2017 at 04:17 AM.