
5 Aspects of Medical Malpractice in the United States
On Thursday, the House of Representatives passed a bill that would reform medical malpractice by capping noneconomic damages at $250,000. Supporters say the reform would reduce frivolous claims and prevent doctors from practicing costly defensive medicine. Here’s a look at 5 aspects of medical malpractice in the United States.
On Thursday, the House of Representatives
Here’s a look at 5 aspects of medical malpractice in the United States.
1. State variety in malpractice
Typically, the states have more control over tort law, which is one reason why some Republicans don’t support the malpractice reform bill. As a result, states have varied widely in regulations and procedures for punishing wrongdoing among doctors.
This new bill would impose a federal standard on what is typically determined by states.
2. Malpractice prevents some physicians from cutting out low-value care
Physicians who have advocated for tort reform in the area of malpractice have argued that they practice defensive medicine, which can drive up costs as they order extra tests and take other defensive steps to avoid being sued.
The Choosing Wisely initiative aims to reduce unnecessary, expensive tests, but a
3. Cost of defensive care
Defensive medicine is considered the overuse of tests and procedures because of fear of malpractice litigation. There are estimates that put the cost of defensive medicine at $46 billion annually in the United States, and a report
4. Communication is key
A
5. Pathways drive lower cost care
One tool that is being used to combat malpractice suits is clinical pathways, which require detailed documentation of any deviation to avoid liability. For instance, a
Newsletter
Stay ahead of policy, cost, and value—subscribe to AJMC for expert insights at the intersection of clinical care and health economics.