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News & Commentary
MedWatch is a collection of recent news and commentary illustrating how legal fear is
eroding the quality and availability of health care in America.
CG in the News is your source for recent news about Common Good's efforts to create a reliable
system of medical justice that will make health care safer and more accessible,
rapidly compensate injured patients, and effectively weed out bad physicians.
The most recent articles from each section appear below. MedWatch Wasted Medical Dollars
Kevin Pho, USA Today, April 23, 2008
More than half the dollars in
America’s $2.2 trillion health care system are wasted each year, according to a recent PricewaterhouseCoopers analysis. Factors contributing to this waste include medical errors, poor use of information technology, and badly managed chronic diseases. Dwarfing these factors is a phenomenon called “defensive medicine,” in which physicians order unnecessary tests to avoid even the threat of lawsuits. This can result in wasteful spending such as unneeded CT scans, MRIs, and cardiac testing. More than nine in ten physicians, on average, reported practicing defensive medicine, according to a 2005 survey in the Journal of the American Medical Association. However, in the experience of Dr. Kevin Pho, “patients don’t seem to mind the extra testing, and they often equate defensive medicine with ‘more thorough’ care. After all, if one test is good, wouldn’t more be better?” Not necessarily – every test can result in a “false positive,” which is a positive test despite the absence of disease. This can lead to yet more testing, such as advanced imaging scans or biopsies, which carry risks of serious complications. “How do we tackle this problem?” asks Dr. Pho. The malpractice system needs to be more reliable in its ability to differentiate between cases of negligence and those in which a patient simply suffered a bad outcome. “Until the system is perceived as being fairer, physicians will do all they can to avoid being sued,” writes Dr. Pho. “That involves ordering unnecessary tests, which is a shame, because those billions of dollars can be put to much better use.” » article
South Florida medical malpractice cases difficult for both sides
Patty Pensa, South Florida Sun-Sentinel, April 20, 2008
Nine years ago, Rita Wax’s son died during surgery, yet the lawsuit alleging malpractice continues. “I was devastated,” said Rita Wax, 72, of
Boca Raton. “I really still haven’t recovered. It’s something that will never go away.” Medical liability cases can last for years, taxing emotionally both plaintiffs and defendants. Regardless of the outcome, lawyers say, “neither side really feels like the winner.” The average length of a malpractice case is three to five years. Furthermore, adverse outcomes, deaths, or injuries do not automatically equate with wrongdoing by a physician. Many families file lawsuits simply because they want to know what happened, according to Lindsey Chepke, a researcher at
Duke
University. Several years ago, in response to the escalating costs of the system, the Florida Legislature enacted caps on damages for pain and suffering. Chepke says, however, that “reforms often are a tug of war among trial lawyers, medical groups, and insurers. They ignore patient safety, which should be the focus.” The current system fails both doctors and patients. Even when a case ends, physicians see their reputations tarnished, their decisions questioned, and they practice medicine defensively, seeing patients as potential plaintiffs. Patients are ill-served as well. “I’ve had $300 million in settlements over my career,” said Gary Cohen, a veteran trial lawyer, “but I never see anyone walk out happy. They feel they’ve stood up and gotten justice but they’re very rarely happy. If they lose, they’re no more devastated than when they win.” » article
Health Care Reform II
Senator Robert O'Leary, Barnstable Patriot, April 17, 2008
The Massachusetts Senate is considering health care reform legislation, specifically to reduce costs, to increase access to primary care, and to improve transparency and efficiency. Among other things, the bill addresses issues surrounding medical education and primary care. However, writes Senator O’Leary, “we must do more work to control the growing cost of health care for our first-in-the-nation approach to work. . . . I think that we can do more, especially in the area of malpractice reform.” The current process for handling medical injury cases “takes a long time, is very inefficient, and does little to promote system-wide enhancements in patient safety.” Physicians can no longer afford exorbitant premiums for malpractice insurance; many are abandoning certain specialties, such as obstetrics, or are leaving Massachusetts altogether. Further inflating medical costs is the practice of defensive medicine – in which doctors order unnecessary tests out of legal fear. Moreover, the legal environment inhibits patient safety and learning because doctors are afraid to talk about mistakes. In addition, the present court system fails patients – studies suggest that less than 5 percent of injured patients seek compensation. Reforms like caps on damages have been suggested, but they do not address fundamental problems with the current tort system and do nothing to enhance patient safety. “We must find a better option for reform,” mandates Senator O’Leary. “An alternative approach could help to correct these failings, while also potentially reducing adversarialism in the system – benefiting both patients and health care providers.” » article
CG in the news Coverage of the Common Good and University of Wyoming College of Law Symposium
April 3, 2008
Press coverage of the two-day forum in Laramie, Wyoming - Healthcare Reform and Patient Safety: Challenges & Opportunities for Medicine and the Law. The event drew several hundred attendees from the area to discuss patient safety challenges facing health care providers in Wyoming, and across the country.
Why Health Courts Could Pick Up Steam
Leslie Kane, Medical Economics, January 4, 2008
An editorial in Medical Economics discusses how health courts offer a promising solution to the medical liability problem.
Coverage of the Common Good Forum in Wyoming - Patient Safety and Reducing Medical Errors: Exploring Options
October 15, 2007
Press coverage of the October 15th public forum in Cheyenne, Wyoming - Patient Safety and Reducing Medical Errors: Exploring Options. Numerous academics, healthcare providers, patient safety advocates and attorneys met to discuss alternatives to the current medical liability system.
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