healthmyths
Platinum Member
- Sep 19, 2011
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- 10,393
Doctors do make money off tests in several ways. First, almost 40% of our doctors are salaried; that is they work in hospitals, large clinics, or group medical facilities. Most of these places have extensive labs, radiology depts, out patient services, etc that depend on the doctors in the organization ordering services. Like any business, employees that generate business are treated well, bonuses, favorable assignments, promotions, consultation fees, etc. Secondly, whenever doctors order services for patients, there is always followups, office visits, consultations with other doctors, yearly visits. This is one of the ways doctors build their practice.I'm saying doctors who are protected from legal action are not going to claim they practice defense medicine because there is no reason to make such a claim.Doctors protected under the 1946 law have no reason to say they practice defensive medicine because they are protected from legal action. Doctors not protected by the law certainly have reason to claim they practice defensive medicine because they want that protection. It's really pretty simple. Doctors who want tort reform claim they practice defensive medicine. Just because they make claim, does not make true.But of course you are defending lawyers then!
The proof Tort reform works is the 1946 Federal Tort Act! When over half the doctors surveyed who are under federal contract report they DON"T practice "defensive medicine" isn't that proof that it works? Again why are you defending lawyers? As was shown "Currently, very few patients who are harmed are compensated for their loss. A recent report by Emory University scholar Joanna Shepherd-Bailey found that attorneys rarely take cases in which compensation is less than $500,000.
Defensive Medicine: A Cure Worse Than The Disease
And again. Where are your links regarding "defensive medicine began in 2004"?
Defensive Medicine and Medical Malpractice July 1994
For more than two decades many physicians. researchers, and government officials have claimed that the most damaging and costly result of the medical malpractice system as it has evolved in the United States is the practice of defensive medicine: the ordering of tests, procedures, and visits, or avoidance of certain procedures or patients, due to concern about malpractice liability risk.
https://biotech.law.lsu.edu/policy/9405.pdf
"For more then two decades!!!! And this was written in 1994!
So once again... simple search on the Internet surely would save you embarrassment of ignorance!
Just admit you don't know what you are talking about because EVERY TIME you come up with some personal observation... that's the problem!
You are just plain lazy! You make opinions with NO substantiation of your opinion!
Well so far you have been wrong on several accounts. And now you are making a personal and frankly wacky statement.
Duh! So if doctors under federal protection have no reason to practice defensive medicine and they say they don't what are you SAYING?
AND YES doctors that don't have tort protection then DO defensive medicine. What is the issue here?
They SAY they do and they DO! I mean duplicate tests are a reality! Referring to specialists are a reality!
You make NO sense because THEY do practice defensive medicine. It's been known decades ago!
Defensive Medicine and Medical Malpractice July 1994
For more than two decades many physicians. researchers, and government officials have claimed that the most damaging and costly result of the medical malpractice system as it has evolved in the United States is the practice of defensive medicine: the ordering of tests, procedures, and visits, or avoidance of certain procedures or patients, due to concern about malpractice liability risk.
https://biotech.law.lsu.edu/policy/9405.pdf
What more reality then the above statements...made not by people like you who have NO experience and just spouting your personal opinion!
Get some proof and maybe I'll believe you but so far I've GIVEN you links. I'm not making up statements like you are! I'm hopefully educating you on reality.
Now unless you are a lawyer, have a relative that's a lawyer, what kind of thinking do you have to continually state the obvious! Yes doctors under 1946 Tort Act don't practicedefensive medicine and doctors not covered by the 1946 Tort DO! Why are you so against these facts?
However, doctors who are not protected certainly have reason to claim they practice defense medicine because they want to be protected from legal action.
Most doctors claim to support tort reform which will put millions of dollars in their pockets. And guess what. Most doctors claim to practice defense medicine which is a primary argument for tort reform. Surely you can understand their motivation in making such a claim.
Now your first premise makes sense, federal contracted physicians can't be sued, hence they don't need to do "defensive medicine"....
DUH!!!! Wow how revealing!
But your second premise???? You never heard of the Stark law evidently.
Stark Law is a set of United States federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient to an entity providing designated health services ("DHS") if the physician (or an immediate family member) has a financial relationship with that entity.
Stark Law - Wikipedia
Do you understand?
Those greedy doctors don't make anything off of "duplicate tests" or off referrals!
Again why are you so defensive of LAWYERS and don't trust the people that take care of your body to tell you their position, i.e. they practice defensive medicine
out of fear of being sued!
It is plain as day that you are so hesitate to blame the lawyers!
Finally, I am really surprised how truly lacking in any scholarly effort to have proof of your statements!
This totally shows how inept your uninformed opinions are as AGAIN YOU have NOT shown ANY links regarding putting "millions in their pockets"!
I guess what really surprises me though is your defensive of lawyers! My goodness most people have a low opinion of them primarily because as one of
the names applied "ambulance chasers" is so evident! Are you a lawyer? I don't think so because you don't show any inclination of substantiating your statements!
Defensive medicine is different for every doctor. For some doctors running additional tests, even thou the chances of a positive are very small is just good medical practice. The doctor says, I want to rule out any really serious problems by getting a CT Scan. Although it's one in a thousand chance that it will show something really bad, no doctor wants to misdiagnose a patient and miss a serious problem, regardless of whether they fear being sued or not. Some doctors will run additional tests because the hospital or clinic is pushing the doctor to do so in order to generate more revenue. Today, with insurance plans paying most and sometime all the cost, doctors are reluctant not to order tests that shed light on the patients problem. There are many reason doctors do extensive testing. I suspect being sued in not a primary cause.
I ran across some interesting statistics about doctors being sued. For doctors that retire at age 65, the chance that they will be individually sued is only 1 in 5. The Chance that they will be sued due a misdiagnosis in 1 in 3. Given that half of the malpractice suits are dropped by the plaintiff, the chance of a doctor being sued during his 35 year career due to missed diagnosis is less that 1 in 30. The chance that a doctor that runs many unneeded tests will have problems with insurance companies, Medicare, and Medicaid due to over testing is far greater.
Medscape Malpractice Report 2015: Why Most Doctors Get Sued
You wrote 40% of our doctors are salaried. Where did you get that statistic?
How do YOU know "Defensive medicine is different for every doctor." Again that is not substantiated by any facts.
Further you are putting YOU personal perception into the FACTS..."I suspect being sued in not a primary cause."
I suspect you are a lawyer, or a family member is a lawyer because you keep defending the wasteful spending of over $800 billion a year which is what the
nearly 138,686 physicians invited to participate in a confidential online survey in an effort to quantify the costs and impact of defensive medicine. Over 3,000 physicians spanning all states and medical specialties completed the survey, a 2.21 percent response rate. The survey error range is at the 95% confidence level: +/-1.15 percent. https://www.jacksonhealthcare.com/media-room/surveys/defensive-medicine-study-2010/
From your above link:
A 2010 American Medical Association (AMA) survey reported that among all physicians, 61% had been sued by late career.[1]
You wrote:"For doctors that retire at age 65, the chance that they will be individually sued is only 1 in 5. "
DUH! You provided a misleading statement ON two counts:
A) If the doctor is 60 -64 you used the Individual statistic: But as one of many parties: 63%!
B) Please... the chances of me being hit by a car at my age 74 is far less then a person at age 34! DUH!!!
You also conveniently left out this statistic:
-- 80% of doctors named in lawsuits always,almost all the time and occasionally have malpractice threat influence thinking or action.
-- Forty percent of physician respondents who were sued spent more than 50 hours in court. One physician complained, "Waste of my time. In court for 8 weeks.
Couldn't practice. I should have sued the patient for lost wages." Another said, "Trial lasted 3 weeks—lost 12 pounds."