10/16/2014
Doctors say that because people are allowed to make claims against them for professional negligence, they practice "defensive medicine" -- order more tests, do more work, and drive up costs. Lawyers that represent negligence victims have always said this isn't true -- it's an excuse to get legal immunity for causing harm to other people. Many studies prove this. Another study was recently published by The New England Journal of Medicine, a highly respected journal "dedicated to bringing physicians the best research and key information at the intersection of biomedical science and clinical practice."
The study looked at the states where legislatures had already largely taken away a patient's right to make a claim against their doctor (raising the standard to make a claim, so that a person could only make one for "gross" negligence). They checked to see if these doctors were doing fewer tests, doing less work, and saving on health care costs. The result? Taking away a patient's right to make a claim doesn't help reduce costs. http://www.nejm.org/doi/full/10.1056/NEJMsa1313308?query=TOC&
Special Article from The New England Journal of Medicine — The Effect of Malpractice Reform on Emergency Department Care