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Unnecessary tests protect doctors, not necessarily patients

A recent survey of orthopedic surgeons reinforced a reality known to health care observers for years. As a perceived protection against medical malpractice lawsuits, doctors order numerous superfluous medical tests. Commonly called "defensive medicine," this practice is estimated to cost around $2 billion in extra orthopedic health care expenses.

Vanderbilt University Medical Center surveyed over 1,200 orthopedic surgeons from Pennsylvania and around the U.S. Almost all respondents (96 percent) admitted to ordering X-rays and other lab or imaging tests to avoid medical malpractice legal challenges. These medical professionals also stated that they ordered unwarranted referrals and hospital admissions to avoid liability.

The study suggests that an average 24 percent of the tests and referrals were not necessary for diagnosis or treatment. One of the researchers, an orthopedic surgeon at the Vanderbilt Medical Center, believes the growing problem exposes the need for honest dialog and more stringent cost containment.

A similar study in 2010 revealed that around 91 percent of respondents also supported the claims that many physicians have ordered unnecessary testing and completed non-required procedures to protect against medical malpractice claims. This report estimated the cost of these tests and procedures could be in the neighborhood of $60 billion (with a "b").

No geographical area, including Pennsylvania, is free from defensive medicine practices. Numerous doctors believe better patient education and medical liability reform is finally necessary. The American Bar Association's committee on medical professional liability issues believes this is another attempt to "cap damages" for malpractice actions.

Further, some doctors suggest that, while these studies are good, the percentage of unnecessary tests appears to be higher than reality. They contend that the recent Vanderbilt survey represents polling of less than 10 percent of the 20,000 orthopedic physicians currently practicing nationwide. The survey may have included a preponderance of doctors who have faced malpractice suits or threats of lawsuits.

Could the fear of potential medical malpractice liability motivate more doctors to order unnecessary tests and procedures? Does a plethora of lab and imaging tests protect the medical community from malpractice liability?

Source: The Columbus Dispatch, "Doctors go on the defensive with tests," Lora Hines, Feb. 20, 2012

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