Practice Of Defensive Medicine

Essay add: 24-10-2015, 21:31   /   Views: 235

Tort Reform and Defensive Medicine are the major concerns that lead to drive up cost containment in health care. Tort reform does little to reduce costs and Defensive Medicine rather avoids liability than to benefit the patient. In this paper will provide the differences between the two and how cost can be control as well reducing cost when it comes to malpractice charges.

What is Tort Reform and Defensive Medicine

"Defensive Medicine is commonly (and, we believe, correctly) defined as the ordering of treatments, tests and procedures primarily to help protect the physician from liability rather than to substantially further the patient's diagnosis or treatment"( Hermer & Brody 2010, pg 4- 12)."Tort reform by itself will do little to reduce costs. But unless liability concerns are successfully addressed, it is unlikely that most physicians will be willing to adopt the systemic strategies needed for cost control" ( Hermer & Brody 2010).

Major Points

The major point that is being argued strongly from physician is that defensive medicine is driving up health care cost and inflation.Physicians believed they must practice defensive medicine to reduce lawsuit risk in the U. S. They argue that the tort reform must come into agreement to cutting down a lot of expensive studies and procedures, because they feel it add billion to health care costs per year.In studies of surveys found in the years from 2005 and 2008 that high risk physicians or specialists from different states reported practicing defensive medicine. These states were found in Pennsylvania, and Massachusetts practicing defensive medicine. A total in Pennsylvania were 93% and Massachusetts 83% of physicians. It also found that substantial cost could be associated with defensive medicine in both of these states.

Much of these studies were 20% to 30% that physicians confirm that were being study in film x-rays, MRI, CT scans, and ultrasound that were being order to practice for defensive medicine. This is commonly being argued by physicians through the survey for practicing defensive medicine.

Pros and Cons of Tort Reform and Defensive Medicine

Pros and cons of Tort Reform and Defensive Medicine as result of the Tort Reform, Defensive medicine will not vanish, but the cons side of the Tort Reform without its reform physician is willing to accept cost control action being influence on the practices of defensive medicines. Tort Reform helps reduce defensive medicine practices and others that are contributors to its quantification. It is essential but lacking factor to cost control. Regardless of the malpractice system that inflicts a toll on physicians it is tremendous ineffective.The negligent act to harming patients and prompt lawsuits cost are much enormous.

The fears of lawsuits have no evidence that it will reduce or avoid medical error on leaders, quality development on errors of individual physicians for improving patient safety.In reality of the tort reform would be necessary if the cost of medical care were seriously reduced in the United States. But because the cost were not reduced or control it require physicians to reduce high-cost tests and treatments that do not benefit the patients.In benefits to the patients there have to be an agreement with the physicians and the patients in equal in believing high cost and technology care to lowering cost in providing good care. If the physicians refuse to comply with cost control it will in no way expose them to liability risk.

Some risks reducing tort liability for physicians can be a linkage necessary for cost containment.In Defensive Medicine is driving up cost along with other contributors and the causes for unnecessary cost. One of the excessive costs of care by higher reimbursement to culture practice is driven by procedure and technology management and other factors. These costs have occurred for excessive major malpractice reforms in the state of Texas ( Hermer & Brody, pg 37). Another factor is evolving clinical standards.

In additionally to these factors physicians are able to order non-beneficial tests because of defensive medicine. These tests have become incorporate into the standard of the community for care. But in fact tort reform would not result in reduction for the number of tests being ordered.

In according to the defensive practices reform may not yield if economic consequences to being sued then removed.

The Implication of tort Reform, Defensive Medicine, quality and health care costs.

In implication of tort reform, defensive medicine to quality and health care costs. If cost is reduce for medical care in the U.S. The tort reform will require physician to reduce the use of high-cost test and treatments to benefit their patients.

In agreement to the patients and physicians to lowering cost of technology care to providing good care to their patients and the physicians that refuses to comply with the cost containment measures will not be expose to liability risk.

The Author's Position on Tort Reform

First, we will define defensive medicine and identify problems in quantifying the practice. We will then examine and evaluate the strengths and weaknesses of the positions expressed by many physicians and health policy analysts by considering the available evidence concerning the role of defensive medicine in raising health care costs, the ability of tort reform to control defensive medicine practices, and alternate contributors to the problem. We will then discuss why we believe that tort reform, despite the inconsistency of the evidence supporting its ability to meaningfully contain health care costs, is a necessary component of cost control.In agreement with the author position of the Tort Reform is to control defensive medicine practices and help reduce cost control in the tort reform.

Another reason because of the careless act to harming patients and lawsuit has become a huge effect in the medical field. The reason for saying this is because many hospitals in today society have many lawsuits due to improper care of their patients. Some involved not heeding to the patient medical records in providing the wrong medicine. In hospital these have been seen many of times to patients being issue the wrong medicine. Also if a patient does not have health insurance being sent to other hospital for care and the patient health is not in good condition to being transfer another healthcare facility and more health problems extended not being properly cared for the condition in the first place.

All hospital suppose to care for their patients regardless of the type of insurance or being uninsured. The medical staffs have taken an Oak to provide for their patient regardless of race, ethic, insurer or noninsured. Their Oak is to provide the care of their patient's safety.

The Stakeholders

The three major stakeholders that are involved in Tort Reform are Physicians, High Cost, and Studies Survey.Physicians are one of the stakeholders that are a concern to the Tort Reform. Physicians are psychological inflicted, Malpractice system is useless, Neglectful act that harm patients and the outcomes that prompt lawsuits to enormous cost. They role is to prevent medical error and improve quality for patient's safety.Another stakeholder is Cost Control is to insist physicians to reduce their use of high cost test and treatments that does not benefit their patients.

High technology care to lower cost in providing good care and physicians not being expose to increased liability risk. The cost containment is needed to reduce the risk of tort liability for physicians.Studies Survey are report a high occurrence of such practicesn that consistent with worldview of the average practitioner, standard of physicians behaved, and methodology. One of the results of studies the costs of defensive medicine.

In a study by Kessler and McClellan that by 10% of the health care cost could be reduce was cited from other tort reform as well as proposition for federal damage caps. Another study result that mortality and morbidity rates and medical expenditures in all the other states for diseases ( Hermer & Brody) It comparing to all states to malpractice reforms was not found . Defensive medicine went away and malpractice were introduced that lead no increased to mortality or morbidity.In conclusion because Tort reform does little to reduce costs and Defensive Medicine rather avoids liability than to benefit the patient. The concerns that lead to drive up cost containment in health care were the major cost due to malpractice liability risk.

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