Fear of Lawsuits Drives Doctors to Order Tests: Study

By Marilynn Marchionne | February 18, 2011

  • February 18, 2011 at 1:44 pm
    Realist says:
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    Duh, really???????
    How about a study to confirm that the sun will rise in the east for at least the next 5 years!!! Bet that would cost $20,000,000.
    We better wake up…………..

  • February 18, 2011 at 2:16 pm
    earlybird says:
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    Are you sure? I figured it was because they get referral fees (kickbacks) from specialists that our family physicians/internists refer us to. Or freebies from the equipment mfgs, hospitals, drug reps, continuing ed suppliers. Or am I the only one that thinks that happens?

    • March 1, 2011 at 2:55 pm
      JayG says:
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      Earlybird: that’s called Medicare fraud. Accepting kickbacks or gifts in exchange for services are felonies that lead to jailtime and huge fines, not to mention a loss of a medical license & being blackballed from the medical community. I’m not saying that it never happens, but as a physician, I hear from HHS, hospital administrators, and other regulators how highly illegal and unethical kickbacks are. Additionally, many large hospitals and academic institutions ban physicians from accepting of all gifts (even pens and sticky notes) under all circumstances. Some states, like Vermont, have accepting any gift illegal, again regardless of circumstances.

      The study may be a “Duh” moment, but it’s nice to see hard proof.

  • February 18, 2011 at 2:30 pm
    DUH says:
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    In other news…water is wet.

  • February 18, 2011 at 2:35 pm
    Fred says:
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    Can someone please explain how putting caps on judgements will stop a doctor from ordering needless test. Whether the doctor gets sued for $500,000 or $5,000,000, his/her behavior will not change. The only winners in the capping game will the insurance carriers since most losses are not million dollar settlement anyway.

    • February 20, 2011 at 9:38 am
      Former Status Quo says:
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      Two things:

      Fred do you honestly believe that suiing a doctor will not change their behavior? Think about it for just one second: you’re a doctor who was sued because you didn’t order one test and as a result the condition of a patient worsened. From then on out, every patient will be tested, even if the patient’s condition doesn’t even suggest the need for the test. That my friend, is the root of defensive medicine. Getting sued does change behavior and it drives up the cost of health insurance – more tests ordered requiring more premiums from the consumer.

      The article is actually spot on with the fact that people look for a reason to sue and it’s up to the doctor to weed those people out. A doctor could do everything right in a situation, however the injured party thinks the doctor could have done more so they sue. How do you change that behavior?

      While putting caps on awards might be the first step in Tort reform, it does nothing to eradicate the practice of defensive medicine. Defensive medicine will continue to drive up the cost of health care until patient and attorney behavior changes: a headache doesn’t warrant a CAT scan and a sprained ankle a MRI. Doctors should be ordering the tests based on the patient’s conditions, not because they are worried about being sued. If a patient doesn’t like the results provided by one doctor, they’re more than capable of going to another office for a second opinion rather than suing the doctor.

  • February 18, 2011 at 2:43 pm
    Really? says:
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    Seriously, Obama is spending millions to figure this out?

    Obama and his democrat congress should have included this in the first bill. They are just playing games with you and I. The democratic party = lawyers. They are funded by lawyers and support lawyers. They could care less about the People.

    • February 18, 2011 at 3:04 pm
      Fred says:
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      Hate em’ until you need one.

  • February 18, 2011 at 2:46 pm
    Jim Porter says:
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    We passed a pretty low threshold tort reform in Texas several years ago but there is no evidence that the tests that doctors have ordered have declined. Medical insurance in Texas has increased way beyond the cost of living and continues to go up. Medical malpractice premiums that doctors pay have been reduced dramatically. Show me a study that compares tests ordered by doctors in Texas vs a non tort reform state.

  • February 21, 2011 at 9:25 am
    youngin' says:
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    Status Quo, I think either you have misinterpreted Fred’s post or I have misinterpreted his post. I also think caps are a poor strategy for lowering defensive medicine costs. It is the act of the doctor being sued, not the size of the judgement, that influences doctor behavior. You said as much.

    The evidence threshold for suing a doctor in the first place needs to be raised. I would support specialized medical courts in which possible malpractice lawsuits should be vetted. At the very least, a “grand jury” of medical professionals and/or highly trained judges could weed out the majority of frivolous lawsuits before they get far enough to be of concern. Then, if a doctor is confident in a diagnosis without ordering a test, there should be little reason to worry about a lawsuit making it past the “complaint” stage.

  • February 28, 2011 at 6:53 am
    Alexandre Larangeira says:
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    Hi. I’d like to get the reference of this study, so I can read and study it. Someone is able to show me? thanks a lot

  • March 1, 2011 at 3:31 pm
    earlybird says:
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    JayG, point well taken that its unethical and illegal, but that doesnt stop the trips to the Caribbean, golf at Pebble Beach, all related to and in the name of continuing education. Has there ever been a pharmaceutical rep without pens, pizza or a gift card from Ruth’s Chris Steakhouse? If I am an orthopod, my hospital and I need a Cat Scan machine and if I dont send patients, it will not be paid for. How do small rural hospitals pay administrators $400k? I am getting off the track, but I believe that the medical care system is a perfect environment for white collar corruption that is unchecked.



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