Dr. Atul Gawande wrote an interesting article in the New Yorker. By studying a Texas town with unusually high health care costs, he concluded that the incentives for doctors to be paid separately for each patient and procedure and in some cases fueled by an entrepreneurial spirit were responsible for the unusally high cost of health care there; and how this approach may be responsible for high costs of health care everywhere.
The article was good particularly his suggestions how doctors in their local communities could control health costs but his conclusion that the fear of malpractice threats and defensive medicine did not raise the cost of health care are questionable.
Here is my response to The New Yorker.
June 7, 2009
The New Yorker Magazine
I have difficulty accepting Atul Gawande’s conclusions about defensive medicine (the ordering of more tests than necessary in order to have a good defense in case a malpractice suit is filed) in his June 1 article “The Cost Conundrum”.
He suggests that because Texas’s malpractice laws have a $250,000 cap on pain and suffering, doctors they are not under acute pressure to practice defensive medicine, that is, order more tests than necessary in order to have good defense in case a suit is filed.
He based this on a cardiologist he interviewed who mentioned that malpractice cases had gone down “practically to zero”.
But Texas Liability Trust, the largest liability carrier in Texas reported only a 50% reduction in malpractice suits according to an article published in the September 8 issue of American Medical News, the official newspaper of the American Medical Association.
Even if the number of malpractice cases filed were “practically to zero”, doctors would still practice defensively because undergoing one is a terrible ordeal. No doctor wants to risk malpractice because just one suit, even a frivolous one, has the potential to ruin his or her career.
The fear of malpractice suits is one of the factors that contribute to the high cost of care in Texas as much as it does anywhere and until a more humane method of treating malpractice cases is established—one that does not destroy doctors’ reputations, or cause them unnecessary distress as they wait on tenterhooks waiting for the outcome of a case—doctors will continue to practice defensively.
The solution to the cost conundrum includes reforming the malpractice laws.
Edward J. Volpintesta MD