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According to a survey of 1,231 physicians nationwide, recently published in Archives of Internal Medicine, lawsuit fears are the main reason for overtreating in the ER. Ninety percent of physicians surveyed said doctors overtest and overtreat to protect themselves from malpractice lawsuits. According to this survey, this sentiment is more common among male doctors than female doctors.
The survey asked two questions: "Do physicians order more tests and procedures than patients need to protect themselves from malpractice suits?" And, "Are protections against unwarranted malpractice lawsuits needed to decrease the unnecessary use of diagnostic tests?" Overall, 91 percent of doctors surveyed agreed with both statements.
A co-author of the survey, Dr. Bishop, of the Mount Sinai School of Medicine noted that defensive medicine is estimated to cost the U.S. health care system billions of dollars each year, and said many doctors worry they could be sued even when they follow standard-of-care guidelines.