An overview of Maine's pilot program to reduce the practice of defensive medicine in certain specialties by assuring legal protection for doctors who follow particular guidelines and discussion of why it was not used in malpractice litigation.
AMA J Ethics. 2018;13(11):792-795. doi:
10.1001/virtualmentor.2011.13.11.pfor1-1111.
Medical malpractice pits the legal system's ethics of client advocacy against the medical profession's ethics of patient advocacy. Fear of liability may lead to defensive medicine, an aberration of both professions' intent.
Physicians have a duty to learn the facts and use their medical expertise to allay patients' fears rather than order unnecessary tests when a certain disease or condition receives a great deal of media coverage.
A hypothetical clinical case discusses patient demand for advanced diagnostics such as MRIs when physicians do not recommend such tests. Better patient education is the suggested approach.
Mark T. Hughes, MD, MA and Bimal H. Ashar, MD, MBA
Physicians are urged to evaluate an asymptomatic patient's request for CT screening and use the opportunity to educate the patient and determine the course of action that is in the patient's best interest.