Summary: The alterations of modes of medical practice, induced by the threat of liability, for the principal purposes of forestalling lawsuits by patients as well as providing good legal defense in the event that such lawsuits are instituted.
- Murphy J. When careful medicine becomes defensive medicine. Ir Med J. 2004;97:292 pubmed
- Avraham R. Clinical practice guidelines: the warped incentives in the U.S. healthcare system. Am J Law Med. 2011;37:7-40 pubmed..Lastly, this article proposes a private regulation regime that could be a solution which would align all of the players' incentives to society's interests. ..
- O Leary K, Choi J, Watson K, Williams M. Medical students' and residents' clinical and educational experiences with defensive medicine. Acad Med. 2012;87:142-8 pubmed publisherTo assess medical students' and residents' experiences with defensive medicine, which is any deviation from sound medical practice due to a perceived threat of liability through either assurance or avoidance behaviors...
- Nahed B, Babu M, Smith T, Heary R. Malpractice liability and defensive medicine: a national survey of neurosurgeons. PLoS ONE. 2012;7:e39237 pubmed publisher..and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk...
- Bleich A, Baruch Y, Hirschmann S, Lubin G, Melamed Y, Zemishlany Z, et al. Management of the suicidal patient in the era of defensive medicine: focus on suicide risk assessment and boundaries of responsibility. Isr Med Assoc J. 2011;13:653-6 pubmed..when treating suicidal patients, focusing on risk assessment and boundaries of responsibility, in the era of defensive medicine. The final draft of the position paper was by consensus...
- Toker A, Shvarts S, Perry Z, Doron Y, Reuveni H. Clinical guidelines, defensive medicine, and the physician between the two. Am J Otolaryngol. 2004;25:245-50 pubmed..5%) physicians. Eighty-nine physicians (45.4%) specifically stated that the reason for this behavior is defensive medicine, thirty-two physicians (16...
- Asher E, Dvir S, Seidman D, Greenberg Dotan S, Kedem A, Sheizaf B, et al. Defensive medicine among obstetricians and gynecologists in tertiary hospitals. PLoS ONE. 2013;8:e57108 pubmed publisherTo describe the daily work practice under the threat of defensive medicine among obstetricians and gynecologists. A prospective cross-sectional survey of obstetricians and gynecologists working at tertiary medical centers in Israel...
- Studdert D, Mello M, Sage W, DesRoches C, Peugh J, Zapert K, et al. Defensive medicine among high-risk specialist physicians in a volatile malpractice environment. JAMA. 2005;293:2609-17 pubmedHow often physicians alter their clinical behavior because of the threat of malpractice liability, termed defensive medicine, and the consequences of those changes, are central questions in the ongoing medical malpractice reform debate...
- Hiyama T, Yoshihara M, Tanaka S, Urabe Y, Ikegami Y, Fukuhara T, et al. Defensive medicine practices among gastroenterologists in Japan. World J Gastroenterol. 2006;12:7671-5 pubmedTo clarify the prevalence of defensive medicine and the specific defensive medicine practices among gastroenterologists in Japan. A survey of gastroenterologists in Hiroshima, Japan, was conducted by mail in March 2006...
- Sloan F, Shadle J. Is there empirical evidence for "Defensive Medicine"? A reassessment. J Health Econ. 2009;28:481-91 pubmed publisher..The overall conclusion is that tort reforms do not significantly affect medical decisions, nor do they have a systematic effect on patient outcomes. ..
- Catino M, Celotti S. The problem of defensive medicine: two Italian surveys. Stud Health Technol Inform. 2009;148:206-21 pubmedb>Defensive medicine takes place when healthcare personnel modify their behaviour with the aim of reducing their exposure to legal challenges from patients...
- Hermer L, Brody H. Defensive medicine, cost containment, and reform. J Gen Intern Med. 2010;25:470-3 pubmed publisherThe role of defensive medicine in driving up health care costs is hotly contended. Physicians and health policy experts in particular tend to have sharply divergent views on the subject...
- Chen X. Defensive medicine or economically motivated corruption? A confucian reflection on physician care in China today. J Med Philos. 2007;32:635-48 pubmed..These practices have been interpreted as defensive medicine in response to a rising threat of potential medical malpractice lawsuits...
- Reed D, Windish D, Levine R, Kravet S, Wolfe L, Wright S. Do fears of malpractice litigation influence teaching behaviors?. Teach Learn Med. 2008;20:205-11 pubmed publisher..These results may serve to heighten awareness to the fact that teaching behaviors and decisions may be influenced by the malpractice climate. ..
- Mello M, Chandra A, Gawande A, Studdert D. National costs of the medical liability system. Health Aff (Millwood). 2010;29:1569-77 pubmed publisher..interest in medical liability reforms and their potential to save money by reducing the practice of defensive medicine. It is not easy to estimate the costs of the medical liability system, however...
- Feess E. Malpractice liability, technology choice and negative defensive medicine. Eur J Health Econ. 2012;13:157-67 pubmed publisher..We refer to this distortion toward the safe technology as negative defensive medicine. Taking the problem of negative defensive medicine seriously, the second best optimal liability needs to ..
- Passmore K, Leung W. Defensive practice among psychiatrists: a questionnaire survey. Postgrad Med J. 2002;78:671-3 pubmed
- Amon E, Winn H. Review of the professional medical liability insurance crisis: lessons from Missouri. Am J Obstet Gynecol. 2004;190:1534-8; discussion 1538-40 pubmed..Specialists are less willing to care for emergency and indigent patients for fear of liability exposure. Legislative enactments leading to meaningful tort reform, public support, and judicial restraint must occur to save health care. ..
- Neale G. Medical litigation: past, present and future. Hosp Med. 2004;65:4-5 pubmed
- Mahar P, Burke J. What is the value of professional opinion? The current medicolegal application of the "peer professional practice defence" in Australia. Med J Aust. 2011;194:253-5 pubmed..Recent cases demonstrate the successful operation of the peer professional practice defence, but also highlight its limitations. In practice, the legislation may not shield doctors from negligence claims as fully as originally intended. ..
- Dubay L, Kaestner R, Waidmann T. The impact of malpractice fears on cesarean section rates. J Health Econ. 1999;18:491-522 pubmedA longstanding issue in the health care industry is whether physicians' malpractice fears lead to defensive medicine. We use national birth certificate data from 1990 through 1992 to conduct a county fixed-effects analysis of the impact ..
- Rovit R, Simon A, Drew J, Murali R, Robb J. Neurosurgical experience with malpractice litigation: an analysis of closed claims against neurosurgeons in New York State, 1999 through 2003. J Neurosurg. 2007;106:1108-14 pubmed..Elective spinal surgery cases constitute the majority of litigation. Neurosurgeons can take steps to reduce their vulnerability to potential litigation and to increase the odds of a successful defense. ..
- Leigh B. What's the problem?. BMJ. 2004;328:460 pubmed
- Shepherd B, MacPherson D, Edwards C. In-flight emergencies: playing The Good Samaritan. J R Soc Med. 2006;99:628-31 pubmed
- Searle S. Service standards for sexual health. J Fam Plann Reprod Health Care. 2004;30:131 pubmed
- Sicot C. [Insurance management of medical risks]. Gastroenterol Clin Biol. 2004;28:513-4 pubmed
- Robeznieks A. Wary physicians. Defensive medicine linked to higher costs, less access. Mod Healthc. 2005;35:8-9 pubmed
- Chee Y. Do no harm: do thyself no harm. Singapore Med J. 2005;46:667-74 pubmed
- Craig P. Should there be "caps" on pain and suffering awards for medical malpractice cases?. MCN Am J Matern Child Nurs. 2002;27:142 pubmed
- Zinn C. Medical insurance crisis hits Australia's surgeons. BMJ. 2002;325:510 pubmed
- Studdert D, Mello M, Brennan T. Medical malpractice. N Engl J Med. 2004;350:283-92 pubmed
- Pellerin D. [From the caution principle to the unpredictable medical risk: which medicine for the future?]. Arch Pediatr. 2004;11:197-200 pubmed
- Alamri A, Apok V, Crocker M, Powell M. Sir Victor Horsley (1857-1916): lessons for the modern clinician. Br J Neurosurg. 2011;25:470-4 pubmed publisher..These lessons should empower modern clinicians to retain the professionalism they worry about losing. ..
- Foucar E. Pathology expert witness testimony and pathology practice: a tale of 2 standards. Arch Pathol Lab Med. 2005;129:1268-76 pubmed
- DeWeese J. Offensive defensive medicine. Orthopedics. 2006;29:296-7 pubmed
- Baicker K, Buckles K, Chandra A. Geographic variation in the appropriate use of cesarean delivery. Health Aff (Millwood). 2006;25:w355-67 pubmed..Areas with higher usage rates perform the intervention in medically less appropriate populations-that is, relatively healthier births-and do not see improvements in maternal or neonatal mortality. ..
- Kaye A. Mammography and monkey bars. J Am Coll Radiol. 2004;1:379-80 pubmed
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- Monteiro F. [Mechanical ventilation and medical futility or dysthanasia, the dialectic of high technology in intensive medicine]. Rev Port Pneumol. 2006;12:281-91 pubmed..The understanding of this posture implies a philosophical approach and reflexion of medical practice. ..
- Shutack C. A closed claim analysis--defense team's expertise wins case for physician. Mich Med. 2008;107:8 pubmed
- McCoubrie P, Reid J. Development of medical imaging technologies is the best way to advance clinical diagnostic accuracy and there is no such thing as VOMIT. J R Coll Physicians Edinb. 2012;42:326-32 pubmed publisher..Can we control inadequate imaging request strategies? ..
- Meningaud J, Wolf M, Herve C. [Voluntary consent: basic premise, ideal or utopia?]. Rev Stomatol Chir Maxillofac. 2002;103:325-6 pubmed
- ..At present, data are supplied on an optional basis and it cannot be supported. ..
- Tena Tamayo C, Sánchez González J. [Assertive medicine: a proposal against defensive medicine]. Ginecol Obstet Mex. 2005;73:553-9 pubmed..by diverse factors, among these liability complaints stand out, and have propitiated the practice of defensive medicine, an attitude considered in many countries as inappropriate, expensive and unethical...
- Smith Bindman R, McCulloch C, Ding A, Ding A, Quale C, Chu P. Diagnostic imaging rates for head injury in the ED and states' medical malpractice tort reforms. Am J Emerg Med. 2011;29:656-64 pubmed publisher..The tort reforms we examined were associated with the propensity to obtain neurologic imaging. If these results are confirmed in larger studies, tort reform might mitigate defensive medical practices. ..
- Avery J. The way things should go: Part II. Tenn Med. 2004;97:497-8 pubmed
- Capstick B. The future of clinical negligence litigation?. BMJ. 2004;328:457-9 pubmed
- Day M. Doctors attack Gordon Brown's plans to regulate medical profession. BMJ. 2007;335:113 pubmed
- Van Arsdall J. To err is human, communication is divine. J Ky Med Assoc. 2007;105:509-10 pubmed