4.3: Medical Malpractice

Reform the medical malpractice system.

Other Information:

Medical malpractice suits are intended to protect patients from incompetent and unqualified physicians. Most instances of medical malpractice are likely to go unreported and unpunished, however, because patients either do not know that it occurred or do not want to go through an expensive court process. One of the biggest problems with the malpractice system may be that it encourages what is called "defensive medicine." Academic research shows a link between higher malpractice awards and higher Medicare spending. Thus, the medical malpractice system is responsible for a lot of inefficiency in the healthcare system. Doctors may perform unnecessary medical services for their patients largely to defend themselves against potential lawsuits. Even if an additional test or procedure does not make sense in the doctor's judgment, it is hard to know whether denying the patient that test will result in a medical malpractice suit later on. The potential for a multi-million-dollar lawsuit prompts most doctors to get malpractice insurance. Options to reform the malpractice system could help improve physician accountability, reduce the incidence of unnecessary medical care, and lower insurance and legal fees.

Stakeholder(s):

• Doctors


• Physicians

Indicator(s):

Indicator:1

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