Defensive Medicine and the Use of Medical Technology: Physician Involvement in Medical Malpractice Litigation

摘要

Medical professionals often express disapproving feelings about the American litigation system for handling medical malpractice claims. The purpose of this Background Paper is to explore the litigation system and its possible impact in creating undesirable 'defensive medicine'--physicians changing how they practice medicine or indeed perhaps leaving the profession altogether. It begins with an overview of the litigation process. The paper then focuses on the settlement process, which in fact is responsible for resolving the wide majority of malpractice claims. It investigates the role of the jury in malpractice cases. It goes on to review how the use of litigation alternatives, such as mediation and arbitration, might affect physician confidence in the litigation system. The paper concludes with a discussion of the possible adverse consequences that physicians face following litigation, including potential disciplinary actions, loss of hospital privileges, or increases in malpractice insurance premiums.