Well, if they are ordering testing out of fear of litigation. Then yes, they are bad at their job. And what you cited does not say that fear of litigation is the main factor for defensive medicine. There is also a built in assumption with this line of thinking that all defensive medicine is bad medicine. When in fact, doctors do miss things and misdiagnose. So getting a doctor to do an additional test or explore an alternate diagnosis is not always a bad thing for the doctor or the patient.
The right along with right wing special interests groups have been pushing this malpractice fallacy for years. This magic pill of tort reform.
https://cardozo.yu.edu/fallacies-medical-malpractice-tort-reform
But the disingenuity of this claim has been exposed a decade ago. In 2003, the Government Accountability Office (GAO) found: “[T]he overall prevalence and costs of [defensive medicine] have not been reliably measured. Studies designed to measure physicians’ defensive medicine practices examined physician behavior in specific clinical situations, such as treating elderly Medicare patients with certain heart conditions. Given their limited scope, the study results cannot be generalized to estimate the extent and cost of defensive medicine practices across the health care system.”
6
The Congressional Office of Technology Assessment (OTA) found that less than 8% of all diagnostic procedures were likely to be caused primarily by liability concerns.
7 The OTA found that most physicians who “order aggressive diagnostic procedures...do so primarily because they believe such procedures are medically indicated, not primarily because of concerns about liability.”
https://www.cato.org/publications/commentary/case-against-national-medical-malpractice-reform
A 2014
study reported in
JAMA, the journal of the American Medical Association, by Michael Rothberg and others concluded, “although a large portion of hospital orders had some defensive component, our study found that few orders were completely defensive and that physicians’ attitudes about defensive medicine did not correlate with cost. Our findings suggest that only a small portion of medical costs might be reduced by tort reform.”
Furthermore, even after tort reform in states including capping of economic damages, medical malpractice insurance has not gone down. Nor has all the tort reform resulted in lower health care costs for individuals. If anything it is hurt patients because of how difficult it is for someone who has suffered as the result of doctor error to be able to made whole.
There are many more articles I could link to.
https://www.montlick.com/montlick-b...ng-common-fallacies-about-medical-malpractice
https://michiganjustice.wordpress.c...tort-reform-the-juice-isnt-worth-the-squeeze/
Then the fact is that people have a right to be made whole if there was malpractice and all tort reform has done is increase insurance profits and make it more difficult for those that have been wronged to get compensation for the damage that was done.