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Law and Health Care: Polling Data Fact Sheet The unreliable nature of medical malpractice litigation is creating a crisis in our health-care system. Studies show that results in malpractice litigation correlate with outcome, not negligence. Fear of litigation has fundamentally altered the practice of medicine, eroding the quality and availability of health care. The following poll figures illustrate the effects that fear is having on American health care.
The quality of health care has been harmed.
- 76% of doctors say fear of liability has hurt the quality of their care in recent years.
- 55% of the public say litigation and doctors' fear of it has hurt the quality of care.
- 61% of medical students worry the current liability crisis may hurt the quality of care.
Health professionals are less likely to report errors and discuss mistakes.
- Doctors and hospital administrators say fear of liability is the leading factor discouraging medical professionals from openly discussing and thinking of ways to reduce medical errors.
- Only two-thirds of doctors say their hospital staff is encouraged to report errors.
- Only 5% of doctors say their colleagues are very comfortable discussing errors.
- 43% of nurses feel prohibited or discouraged from doing what they think is right for the patient because of rules or protocols set up for liability protection.
Doctors practice "defensive medicine."
In a survey of Pennsylvania physicians:
- 93 percent reported practicing defensive medicine in order to avoid a lawsuit;
- 92 percent reported ordering unneeded tests and diagnostic procedures and making unnecessary referrals;
- 42 percent said "they had taken steps to restrict their practice in the previous 3 years, including eliminating procedures prone to complications, such as trauma surgery, and avoiding patients who had complex medical problems or were perceived as litigious."
A Harris Interactive survey found:
- 94% of doctors and 84% of hospital administrators say unnecessary or excessive care is sometimes provided due to fear of litigation.
- 79% of doctors order more tests than medically necessary due to liability concerns. 91% notice other doctors do this.
- 74% of doctors refer patients to specialists more often than medically necessary due to liability concerns. 85% notice other doctors do this.
- 41% of doctors prescribe more medications than medically necessary due to liability concerns. 73% notice other doctors do this.
The fear of malpractice litigation increases health-care costs.
- 94% of doctors and 88% of hospital administrators agree extra tests, referrals, and procedures ordered due to liability concerns add significantly to health-care costs.
- 72% of the public believe health-care costs are rising due to medical liability lawsuits.
The current system of medical justice is not trusted.
- 83% of doctors do not trust the current system of justice if sued.
- 96% of doctors, 81% of hospital administrators and 72% of nurses believe malpractice claims occur mainly from adverse results, not actual error.
- 63% of the public believe liability claims are often brought despite no malpractice.
- 55% of the public believe the number of malpractice lawsuits in higher than justified.
The unreliable system limits access to health care.
- 43% of doctors have considered leaving the medical profession due to changes caused by the threat of liability.
- 29% of doctors say they have been interested in a certain specialty but shied away from it due to fear of liability.
- 50% of medical students say the medical liability crisis affected their choice of specialty, and 39% say the crisis affected the state in which they will locate.
Doctors and the public want changes to the current system of medical justice.
- 94% of doctors, 75% of nurses, 81% of hospital administrators support a medical court run by independent medical professionals and other experts.
- 62% of the public support a medical court run by independent medical professionals and other experts.
- 54% of the public favor legislation to limit costs of malpractice liability and insurance.
- 72% of the public favor a law guaranteeing full payment of lost wages and medical expenses but reasonably limiting "pain and suffering" awards in liability cases.
Sources: Common Good Fear of Litigation Study: The Impact on Medicine, conducted by Harris Interactive, April 11, 2002; Harris Interactive Survey, May 2004; Poll conducted by Wirthlin Worldwide for Health Coalition on Liability and Access, March 2004; Attitudes Toward Medical Litigation: A Representative Survey among Physicians in Key States (Louisiana, Mississippi, Texas, West Virginia), conducted by Center for Survey of Research and Analysis, March 2004; AMA Survey: Medical students' opinions of the current medical liability environment, November 2003; Studdert, David M., et al., "Defensive Medicine Among High-Risk Specialist Physicians in a Volatile Malpractice Environment," Journal of the American Medical Association, Vol. 293, No. 21, June 1, 2005.
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