The United States health care system has undergone significant changes in history. There are many significant health care events that affected the way the system works today. Given the litigious nature of our current society, even a speculation of medical wrong doing could lead to excessive lawsuits and directly affect health care costs now and in the future. This paper will describe the use of excessive litigation and its affect on the United States health care system.
The writer will highlight how society’s use of excessive litigation has had a negative impact on the historical evolution of health care in our society. Excessive Litigation Excessive litigation poses a threat for all Americans. Our society is tempted by the overwhelming advertisements promoting litigations against health care facilities and medical professionals for almost any claim. Advertisements promoting litigation and multimillion dollar results are placed all throughout information and social media outlets.
Even though few cases result in these awards, they encourage lawyers and plaintiffs in the hope that they can win this litigation lottery, and they influence every settlement that is entered into (U. S. Department of Health and Human Services, 2002). This ease of litigation and increasing number of claims poses a risk for patients and families that have warranted claims of medical liability to be held up in the court system for years. Patient Safety Most health care providers are more reluctant to report simple human errors or problems associated with delivering care because they fear being sued, even if there was no fault or wrongdoing.
There is reluctance for medical professionals to get involved in quality of care initiatives. Many quality care initiatives to improve patient care delivery are developed based on the topics of identifying and reducing errors. With the limited error reporting there are no means to identify the risks. Nurses and physicians are forced to adjust their care and behaviors for the fear of litigation. This practice of defensive medicine by all health care professionals leads to a patient safety issue. Every unnecessary test or procedure poses a risk for the patient.
According to Shi and Singh (2012), “To protect themselves against the possibility of litigation, it is not uncommon for practitioners to engage in what is referred to as defensive medicine by prescribing additional diagnostic tests, scheduling return checkup visits, and maintaining copious documentation (p. 16). The overuse of litigation in our society has contributed to the practice of defensive medicine. Prescribing unnecessary diagnostic testing based solely on fear will continue to increase insurance premiums.
The physical and financial resources required to run these unwarranted procedures take away from someone who may actually need the testing. At an estimated $2. 5 trillion in annual spending, this means $650-850 billion is spent each year on medical orders intended to avoid lawsuits rather than treat patients (Letourneau, 2011). Malpractice and Accessibility As the legal system are providing more extreme dollar awards, the cost of malpractice insurance for physicians has grown to unaffordable levels. According to Anderson (2002), “Approximately one of every six practicing physicians faces a malpractice claim every year.
In high-risk specialties such as: obstetrics, orthopedics, trauma surgery, and neurosurgery, there is one claim for each doctor every two and one-half years” (para. 2). Physicians are now being forced to relocate their medical practice in an area where malpractice insurance is affordable. According to the Allentown Morning Call (2002), “Pennsylvania physicians are also leaving their practices. About 44 doctors at the height of their careers in Delaware County outside Philadelphia left the state in 2001 or stopped practicing medicine because of high malpractice insurance cost” (para. 2).
As more physicians are relocating, access to health care becomes a societal issue. As hospitals are becoming less able to provide high-risk specialties like trauma and obstetrics, Americans are forced to seek out specialists in areas that may not be covered by their private or government issued insurance plans. As premiums for liability insurance are rapidly increasing, insurance companies are also being forced to stop selling malpractice insurance. Litigation Reform Many of our states are in a state of crisis because soaring health care liability costs and the inability to access liability insurance have driven
away medical professionals and insurance companies. Our government is working diligently to reform the current medical liability system. The President has established a framework to improve the system. The Presidents framework includes but is not limited to: “Capping non-economic damages ($250,000), make each party liable solely for its share of damages, allow periodic payments of future damages in excess of $50,000, impose a sliding scale cap on attorneys’ fees, impose a statute of limitation” (U. S. Chamber of Commerce, 2003).
Government, on both sides of the aisle, must work together to get these initiatives through congress. Medical liability reform is necessary to manage this crisis. The Department of Health and Human Services estimates that medical liability reform and reductions in defensive medicine could save up to $500 billion dollars over a decade (U. S. Chamber of Commerce, 2003). Again, this is money that could be spent on Americans with limited access to health care. Conclusion The litigious nature of our current society has contributed to the national health care crisis.
The practice of defensive medicine ultimately causes a patient safety issue as physicians and nurses are adjusting their delivery of care based solely on fear of litigation. With the rising costs of medical liability insurance, hospitals and specialists are relocating for affordable insurance coverage. Access to specialists in some regions is limited because of this ripple effect. Medical liability reform is ongoing but will require annual reviews and changes to keep up with this crisis effect. A comprehensive approach by lawmakers is necessary to manage this key issue contributing to our health care crisis.