Sunday, November 25, 2012

Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice


As a malpractice attorney in San Antonio Texas, I found a recent medical survey of interest. A finding from a 2011 survey of physicians sheds light on medical malpractice fears, and the effect of such fears on patient care. The report was so shocking, that it got a lot of press. I read through the report, and want to present some highlights I found interesting.

The question that was posed to physicians was as follows: "Does Fear of a Medical Malpractice Lawsuit Drive TOO MUCH CARE?"

Surprisingly, 42% of physicians surveyed indicated that the patients in their own practice were getting TOO MUCH care, while only 6% of those surveyed thought that their patients received too little care.

So, what did the physicians state as the cause for the excessive care? There were three main fears, listed in descending order.

Medical Malpractice Fears

1. 76% of doctors surveyed blamed medical malpractice concerns on their over-treatment of patients.

2. 83% of doctors surveyed also believed that they would likely be sued for failing to order a test if it had any relation to treating the patient.

3. Conversely, only 21% of the doctors believed that they could be sued for ordering a test that was unnecessary.

Lack of Time

40% of those surveyed stated that inadequate time with the patients likely led them to order unnecessary tests, or refer patients to specialists, rather than utilize less-aggressive methods of accessing and diagnosing patients.

Financial Incentives

While financial incentives were cited by 35% of those surveyed, those addressing the financial incentive as an issue generally thought that financial incentives to over-treat only affected the "other guy," but was not a factor in their own practice. When looking at the numbers, clear finger pointing emerges.

• Only 3% stated that financial considerations had any influence on their own care prescriptions

• However, 39% claimed that financial incentives affected other doctors decisions regarding methods of care.

• Additionally, 62% of those surveyed particularly thought that financial incentives particularly affected sub-specialist physicians.

Ironically, the fear of malpractice lawsuits seem to influence doctors to engage in a course of care that exposes them to greater risk of medical malpractice. Doctors who over-treat run the risk that the adverse effects of unnecessary treatments may injure or cause the death of their patients.

If you or a loved one are injured by the negligence or malpractice of a medical professional, it's important to contact a medical malpractice attorney, such as the medical malpractice in San Antonio Texas at the Barrus Law Group. Our San Antonio medical malpractice lawyers will fight hard to get you the compensation you need to recover from the injuries or death suffered as a result of malpractice. For a free consultation with a malpractice attorney in San Antonio Texas, contact the Barrus Law Group. Our medical malpractice attorneys in San Antonio will work with you one-on-one to represent your interests.

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