defensive medicine Archives - Medical Malpractice Lawyers

Surgical Specialists Have More Medical Malpractice Claims Than Non-Surgical Physicians

January 30, 2025

Surgical specialties account for most medical malpractice claims. A retrospective observational study to determine the risk for medical malpractice claims for physicians working in hospitals in the Netherlands using anonymized closed malpractice claims between 2007 up to 2021 from two Dutch insurers[...]

Study Suggests Emergency Department Physicians Fear Harming Patients More Than Being Sued For Malpractice

January 28, 2023

ER Physicians Fear Harming Patients: A common refrain from medical malpractice “reform” advocates who want to place barriers to medical malpractice victims being compensated for the harms they suffered is that emergency department medical staff order unnecessary medical tests, often refe[...]

U.S. Medical Malpractice Statistics

May 20, 2020

According to the American Medical Association (AMA), 34% of all physicians in the United States have been sued for medical malpractice during their medical careers. Almost half of U.S. physicians who are 55 and older have been sued for medical malpractice, and nearly 30% have been sued two or more t[...]

New Study Finds Cardiologists Comfortable With Greater Clinical Uncertainty Following Medical Malpractice Reforms

June 8, 2018

On June 6, 2018, JAMA Cardiology published the results of a study that analyzed “the association of damage caps with specific cardiac care decisions that involve clinical uncertainty, high patient risks, and significant malpractice risk.” The study “found evidence that physicians a[...]

Study Finds Greater Medical Spending Results In Fewer Medical Malpractice Claims

November 24, 2015

A study published on October 5, 2015 in BMJ that sought to investigate whether a higher use of resources by physicians is associated with a reduced risk of medical malpractice claims concluded that “[o]ur findings suggest that greater resource use, whether it reflects defensive medicine or n[...]

Study Finds That Defensive Medicine Does Not Affect Health Care Costs

October 31, 2013

One of the most noisy cries for medical malpractice tort reform in the United States is that medical providers engage in so-called defensive medicine in states where medical malpractice tort reform has not been enacted because they fear that if they do not practice defensive medicine, they will be [...]

Study: Medical Malpractice Tort Reforms Do Not Decrease Defensive Medicine

August 9, 2013

The results of a study conducted by the Center for Studying Health System Change that was funded by the National Institute for Health Care Reform and which appears in the August 2013 edition of the journal Health Affairs found that office-based physicians who reported a high level of medical malpr[...]

2012 Republican Party Platform And “Tort Reform”

August 31, 2012

The Republican Party has published its 2012 Republican Party Platform in which it addresses many issues, including “tort reform” under the heading, “Reducing Costs through Tort Reform,” in which it states: Frivolous medical malpractice lawsuits have ballooned the cost of[...]

Report On Vermont’s Medical Malpractice Proposed Reforms

February 4, 2012

On January 30, 2012, the “Medical Malpractice Reforms Report and Proposal of the [Vermont] Secretary of Administration” (“Report”) was forwarded to the Vermont Legislature to address medical malpractice reform issues/proposals in Vermont. First, Some Vermont Medical Malpract[...]

Newt Gingrich’s Views On Medical Malpractice

December 12, 2011

What Is Newt Gingrich’s Position On Medical Malpractice Claims In The United States? In his opinion published in The New York Times on February 21, 2010, Republican Presidential Hopeful (and current leading Republican contender) Newt Gingrich wrote as follows: CAT scans, blood tests, ultrasou[...]

Texas Continues To Injure The Injured

July 29, 2011

Texas Medical Malpractice Tort Reform Legislation That Passed In 2003 In 2003, Texas passed one of the most restrictive medical malpractice reform laws that limited the amount that victims could recover from any one negligent health care provider to $250,000.00. Texas tort reform advocates argued [...]

HEALTH CARE COSTS AND TORT REFORM

March 8, 2011

The non-partisan Congressional Budget Office (CBO) has stated that tort reform might reduce health care costs by 0.5 percent, saving approximately $11 billion out of a total of $2.5 trillion in health care costs annually. The actual costs of malpractice insurance premiums, court verdicts, and the[...]

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