One Dozen Things

America is a Litigious Society

Overview

In the United States, remedies for perceived ills or injustice (such as post-operative complications) are commonly pursued through the legal system. People in the United States are probably more inclined than people in other countries to file lawsuits against physicians or hospitals when outcomes are poor or do not meet expectations. You may even see billboards or television advertisements from malpractice lawyers soliciting patients! High litigation rates and large settlements have dramatically increased the cost of U.S. medical care. An unfortunate result of this is the increase in “defensive medicine,” whereby questionably indicated diagnostic tests and treatments are conducted in an attempt to decrease the likelihood of a “missed diagnosis” and/or potential lawsuit. Nevertheless, physicians must be appropriately thorough in the diagnosis and treatment of patients, taking into account regulatory guidelines and evidence-based medicine as well as the local community’s “standard of care.” It is important to keep in mind that, while medical errors or incompetence may be a contributing factor in lawsuits, it is well documented that physicians who communicate poorly or have trouble establishing a relationship with their patients are far more likely to be sued or sanctioned by state medical boards.

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