At the Intersection of Health, Health Care and Policy Cite this article as: Edward Volpintesta The Threat Of Malpractice Suits Health Affairs, 32, no.11 (2013):2058 doi: 10.1377/hlthaff.2013.1095
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Health Affairs is published monthly by Project HOPE at 7500 Old Georgetown Road, Suite 600, Bethesda, MD 20814-6133. Copyright © 2013 by Project HOPE - The People-to-People Health Foundation. As provided by United States copyright law (Title 17, U.S. Code), no part of Health Affairs may be reproduced, displayed, or transmitted in any form or by any means, electronic or mechanical, including photocopying or by information storage or retrieval systems, without prior written permission from the Publisher. All rights reserved.
Not for commercial use or unauthorized distribution Downloaded from content.healthaffairs.org by Health Affairs on March 11, 2015 at W VIRGINIA UNIV LIB
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doi:
10.1377/hlthaff.2013.1095
The Threat Of Malpractice Suits The work of Emily Carrier and coauthors (Aug 2013) in collecting data to demonstrate that damage caps, shortening the statute of limitations, and regulating attorneys’ fees have done little to change office-based physicians’ fears of malpractice suits is a good and necessary contribution to the tort reform debate. Clearly, the threat of possible malpractice suits compels many physicians to practice defensively. Waiting on tenterhooks while a suit winds its way through litigation can be an unnecessarily harsh experience that can go on for three or more years.Wondering how the outcome will affect their reputations and livelihoods is a devastating experience for most doctors. Focusing on physicians’ perceptions puts a human face on this issue.
2058
H e a lt h A f fai r s
The human factor is the missing link, and without it effective reform will not be achieved. Based on my experience as an officebased primary care physician who has been sued and on my conversations with colleagues who have also been sued, I have concluded that the experience of being sued greatly increases the inclination to practice defensively. The authors’ suggestions of apologizing and explaining why a complication occurred, as well as the use of clinical guidelines, early compensation, and an approach similar to worker’s compensation, all have the potential to minimize physicians’ exposure to malpractice suits and to lessen the time necessary to resolve them.
NOVEMBER 2013
Edward Volpintesta Bethel Medical Group BETHEL , CONNECTICUT
32:11
Downloaded from content.healthaffairs.org by Health Affairs on March 11, 2015 at W VIRGINIA UNIV LIB
The online version of this article, along with updated information and services, is available at: http://content.healthaffairs.org/content/32/11/2058.1.full.html
For Reprints, Links & Permissions: http://healthaffairs.org/1340_reprints.php E-mail Alerts : http://content.healthaffairs.org/subscriptions/etoc.dtl To Subscribe: http://content.healthaffairs.org/subscriptions/online.shtml
Health Affairs is published monthly by Project HOPE at 7500 Old Georgetown Road, Suite 600, Bethesda, MD 20814-6133. Copyright © 2013 by Project HOPE - The People-to-People Health Foundation. As provided by United States copyright law (Title 17, U.S. Code), no part of Health Affairs may be reproduced, displayed, or transmitted in any form or by any means, electronic or mechanical, including photocopying or by information storage or retrieval systems, without prior written permission from the Publisher. All rights reserved.
Not for commercial use or unauthorized distribution Downloaded from content.healthaffairs.org by Health Affairs on March 11, 2015 at W VIRGINIA UNIV LIB
Letters There is a limit of 300 words for letters to the editor. Health Affairs reserves the right to edit all letters for clarity, length, and tone. Letters can be submitted by e-mail, [email protected], or the Health Affairs website, http:// www.healthaffairs.org.
doi:
10.1377/hlthaff.2013.1095
The Threat Of Malpractice Suits The work of Emily Carrier and coauthors (Aug 2013) in collecting data to demonstrate that damage caps, shortening the statute of limitations, and regulating attorneys’ fees have done little to change office-based physicians’ fears of malpractice suits is a good and necessary contribution to the tort reform debate. Clearly, the threat of possible malpractice suits compels many physicians to practice defensively. Waiting on tenterhooks while a suit winds its way through litigation can be an unnecessarily harsh experience that can go on for three or more years.Wondering how the outcome will affect their reputations and livelihoods is a devastating experience for most doctors. Focusing on physicians’ perceptions puts a human face on this issue.
2058
H e a lt h A f fai r s
The human factor is the missing link, and without it effective reform will not be achieved. Based on my experience as an officebased primary care physician who has been sued and on my conversations with colleagues who have also been sued, I have concluded that the experience of being sued greatly increases the inclination to practice defensively. The authors’ suggestions of apologizing and explaining why a complication occurred, as well as the use of clinical guidelines, early compensation, and an approach similar to worker’s compensation, all have the potential to minimize physicians’ exposure to malpractice suits and to lessen the time necessary to resolve them.
NOVEMBER 2013
Edward Volpintesta Bethel Medical Group BETHEL , CONNECTICUT
32:11
Downloaded from content.healthaffairs.org by Health Affairs on March 11, 2015 at W VIRGINIA UNIV LIB
