Physicians' Fears of Malpractice Lawsuits Are Not Assuaged by Tort Reforms

The September 2010 issue of HEALTH AFFAIRS is devoted to medical malpractice.  One article seems particularly appropriate to medical futility disputes.  Emily Carrier and colleagues found that "Physicians' Fears of Malpractice Lawsuits Are Not Assuaged by Tort Reforms."

“The consequences of being sued are perceived as potentially disastrous to one’s medical reputation, psychological well-being, and financial stability. Finally, physicians tend to view lawsuits as random events, unpredictable and uncontrollable, because they are not viewed as related to the quality of care provided. These factors may lead to a fear of suits that seems out of proportion to the actual risk of being sued.”

“Although many medical professional organizations continue to press for liability-limiting tort reforms, we found that many such reforms were not associated with a significant difference in physicians’ malpractice concerns.”