DEFENSIVE MEDICINE & THE PATIENTS’ COMPENSATION SYSTEM

Medical malpractice is one of the leading causes of death in the United States. Which is why it is so shocking that recent estimates show that only 3% of patients who have received a medical injury are able to get the access to a judge and jury they deserve. Even with such a low number, medical professionals across Florida are taking the opportunity to prevent any medical malpractice claims by practicing defensive medicine.

What is defensive medicine?

Defensive medicine occurs when medical professionals order excessive testing and preventative treatments for patients in their care. Defensive medicine is aimed at developing a comprehensive medical trail, so if something happens to go wrong, legal professionals will have a harder time proving that it was the negligence of the doctor that caused an injury.

In Florida alone, nearly $40 billion every year is spent in funding unnecessary defensive medical procedures. This accounts for around 25% of the total amount spent on healthcare. One poll even claimed that 75% of doctors admitted to performing some kind of defensive medicine within the past year. This means that most doctors perform tests, refer patients to specialists, and prescribe medication when there is absolutely no need to, at a higher cost to the patient.

Can the Patients’ Compensation System help?

One method that has been proposed to combat the excessive use of defensive medicine by Florida doctors is the use of the Patients’ Compensation System. This reform would allow those injured by medical malpractice to be paid from the premiums generated by medical malpractice insurance, reducing the amount paid for litigation.

Implementation of the Patients’ Compensation System seeks to:

• Reduce overall healthcare costs
• Increase access to health justice
• Compensate those with medical injuries

The Patients’ Compensation System provides a solution to the larger problem of doctors ordering unnecessary medical treatments to avoid heightened medical malpractice claims. Studies suggest that defensive medicine is becoming a more popular medical trend that has a drastic effect on the insurance and health care industries.

When a doctor practices defensive medicine, they may still be held liable for medical malpractice claims. If you or a loved one have received treatment for a medical condition from a doctor that did not act in your best interests as a patient, The Florida Law Group can provide legal counsel on your behalf. Call our firm to get started!