Medical Malpractice – What Obamacare Misses

Medical Malpractice – What Obamacare Misses


Medical malpractice in America remains a thorny and contentious issue, made no less so by its virtual exclusion from the Affordable Care Act (ACA, or Obamacare) governing healthcare reform in America.

Which is why I was glad to see the former head of President Obama’s Office of Management and Budget, Peter Orszag, now with the liberal Center for American Progress,  cite it as his second top priority for gaining control of our out-sized medical spending – an implicit criticism of its omission from Obamacare.

Although  speaking in the context of criticizing Rep. Paul Ryan’s (R-WI) plan to offer vouchers so Medicare enrollees could purchase private health insurance, his comments about the need to address malpractice reform are a departure from the liberal talking points on Obamacare. Here’s what he had to say…

Former Obama Budget Head Challenges Paul Ryan To Demonstrate How His Budget Would Lower Health Costs

“Rep. Paul Ryan’s (R-WI) proposals to control health care spending by slashing the federal government’s contribution to Medicare and Medicaid and shifting that spending on to future retirees or the states, has dominated Washington’s conversation about entitlement reform. But…a group of health care economists and former Obama administration officials laid out an alternative approach that could achieve health savings by encouraging providers to deliver care more efficiently…

“‘Mr. Ryan has had too much running room to go out with proposals that neither will reduce overall health care costs nor will help individual beneficiaries simply because there has not been enough of an alternative put forward by those who believe that we really need to focus on the incentives and information for providers…If I had to pick out two or three things to do immediately, I would pick the accelerated (trend) towards bundled payments and non fee-for-service payment…

“’The second thing, which might be a little more controversial, both substantively and politically, is to put forward a more aggressive medical malpractice reform

“’When I go out and talk to heath care groups, if you start out with the fact that you acknowledge that whatever the academic literature says, that it would be beneficial if we could provide more clarity to doctors, the conversation changes. And I think it would be beneficial for supporters of the Affordable Care Act (Obamacare) to change the conversation in that way,’ Orszag claimed (emphasis added).”

Missing from Obamacare

It’s too bad Obamacare doesn’t include more substantive approaches to tackling the malpractice issue. The actual potential for cost-savings from malpractice reform as it’s generally considered is slim. Not a single state that’s adopted some form of malpractice reform has shown any savings from it.

But Orszag’s point is that addressing the issue substantively in Obamacare would have helped to defuse it as an excuse for the rampant overdiagnosis and treatment going on in American healthcare. I cite one survey in Our Healthcare Sucks in which 94% of surveyed physicians admitted to practicing so-called “defensive medicine” designed primarily to protect themselves from perceived risk of malpractice lawsuits.

I also do a crude analysis suggesting the rate of needless hospitalizations admitted to in that survey – which was one in eight hospitalizations – was roughly a 100-to-1 overreaction to the actual risk of malpractice lawsuits. If nothing else, making some substantive changes to current malpractice laws might help to temper such overreactions – although the experience in Texas and other states that have passed malpractice reform legislation in the still-dominant fee-for-service payment system found no change in medical practices that remain highly lucrative.

In other words, the malpractice threat is often just an excuse to keep practicing in ways that drive up medical spending because it’s highly profitable to do so. Malpractice risk provides a convenient cover for many doctors, though not all. There are certain specialties that remain hard hit by malpractice premiums that would benefit from sensible reforms to existing laws – whether in Obamacare or otherwise.

The “Mal” in Malpractice

Malpractice reform – whether in the context of Obamacare or more broadly – is always framed as a problem for physicians. They’re victims of overzealous lawyers and an overly litigious society. But are they really the victims here?

Here’s a quote from Our Healthcare Sucks taken from a study in a major medical journal:

“Medical errors are common, frequently result in considerable human morbidity and mortality, and often are avoidable…Threats of legal liability are more compelling than altruistic motives…

“The American College of Physicians Ethics Manual states that a physician is obliged to disclose ‘information (to patients) about procedural or judgment errors made in the course of care if such information is material to the patient’s well-being.’…

Reporting medical errors represents a conflict of interest for physicians…(that’s led to) a veil of secrecy that surrounds medical errors.

According to a report in Forbes magazine:

“One in 200 patients who spend a night in a (U.S.) hospital will die from medical error.”

Malpractice claims are at record lows despite persistent medical errors.

An entire chapter in Our Healthcare Sucks is devoted to the subject of medical errors. Among other things, it notes that malpractice claims are at record lows despite persistent medical errors that account for well in excess of of 100,0000 deaths annually in America.

And medical errors remain a much bigger problem in America than in other developed countries, as the following information excerpted from a table in the book demonstrates:

The true and lasting solution to our medical malpractice problem requires much more than caps on damages that limit financial liability – a formula that’s proven to do nothing to lower medical costs in the states in which it’s been enacted. A more realistic solution is described in Part 3 of Obamacare – The Good, the Bad & the Missing, summarized briefly as follows…

Malpractice Reform + Medical Error Reporting + Stronger Informed Consent

The following is excerpted from the book:

“In states that have capped damages for patients’ pain and suffering, medical over-treatment has continued long after the malpractice insurance concern has been relieved. This means no savings are realized by medical consumers despite sacrificing legal rights…

“But comprehensive reform needn’t come off the backs of patients. True malpractice reform requires more than capping damages for victims of malpractice. This simplistic but superficial approach – like American medicine itself – addresses only symptoms while ignoring the underlying causes…

“Capping patient damages has consistently failed to reduce malpractice premiums or consumers’ health insurance bills in states in which it’s been tried. What’s needed instead is comprehensive reform targeting medical errors and other causes of malpractice claims…

“To implement malpractice reform without requiring greater transparency in public reporting of medical errors – which is currently inhibited by malpractice liability – would fail to capture one of the main reasons to undertake malpractice reform…

“The third leg of this three-legged approach to malpractice reform would include a strengthened program of ‘Informed Consent’ as part of a broader patient education initiative designed to make patients better medical consumers. This is the most promising approach to not only malpractice reform, but to smarter use of our expensive medical system.”

This kind of comprehensive approach to malpractice reform that targets not the superficial consequences of malpractice – patient damages – but its root causes is sorely among  ”The Missing” in Obamacare.  And its free-market alternative would deregulate healthcare reform and very likely exacerbate medical errors and the malpractice claims they will generate.

“A Conspiracy of Silence”

An article in the Journal of Patient Safety that’s cited in Our Healthcare Sucks had this to say about this subject:

“When it is clear that our care has caused preventable harm and we allow a conspiracy of silence to betray those who have put their faith in us, we inflict the impact and pain that is nothing short of a ‘hit and run’ accident (emphasis added).” [1]

As but one example, the book cites a survey finding that 6 out of 7 radiologists were unwilling to admit mammogram screening errors to patients. That makes this accepted medical practice even though it explicitly violates the AMA’s Code of Ethics.

This is the true crisis in American healthcare – the crisis of deteriorating medical ethics that’s behind much of our actual medical malpractice and our unnecessary spending to fatten the wallets of unscrupulous doctors and hospitals.

Malpractice reform is just a smoke screen that distracts from the all too real injury, including death, that’s inflicted on unsuspecting patients and their families each and every day in America – Obamacare or no Obamacare.

For more on what Obamacare – and its proposed alternative of deregulated free-market healthcare – both miss, see Obamacare vs. Romneycare vs. What’s Still Needed.

[1] Disclosure Through Our Eyes. Journal of Patient Safety. 4(1):18-26, March 2008.

John Lynch founded and served as Chairman, President and CEO of Medical Diagnostics, Inc. (MDI), a company that developed a network of mobile MRI clinics; MDI was twice ranked among Business Week’s top ten “Best Small Businesses” in America. He has a diverse range of industry experience as a hospital and regional planner, hospital manager, trustee, consultant, entrepreneur, and consumer advocate. Lynch is the author of Our Healthcare Sucks and its companion volumes, the MedSmart Series. He blogs regularly at Our Healthcare Sucks.

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37 Comments on "Medical Malpractice – What Obamacare Misses"

Apr 21, 2015

You are kidding me, right? Walk a while in my shoes Buster! And, while you are at it, pay my malpractice premium! I have an excellent C.V. and have no malpractice claims in 30 years and can not afford the ridiculously high rate for malpractice insurance. And do not forget the tail which is much higher than the actual claims-made premium! Put your money where your mouth is!

Nov 25, 2014

Thanks for the medical malpractice analysis.

Nov 26, 2013

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Jan 19, 2013

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Legacy Flyer
Oct 31, 2012

Good. I am glad that we have been able to find a small area of agreement.

I agree that we should leave it at that

Oct 31, 2012

As a “great ethicist”, I agree that such safe harbors make all kinds of sense. They would also segregate obvious malpractice from the more dubious.

Now that we’ve found something to agree upon, we should probably leave it at that. Thanks for all your feedback.

Legacy Flyer
Oct 31, 2012


Yes, I think that many doctors find it disturbing that they are “forced” to order tests that they don’t think are indicated by malpractice concerns.

As to how unethical it is to let the public’s wishes (as expressed through the legal system and jury verdicts) affect doctor’s ordering practices – I will leave that to the great ethicists such as yourself.

However, wouldn’t it be better for all parties (including patients) if physicians knew what tests to order AND could expect legal backing if they did so rather than have to deal with the retrospective second guessing which now occurs.

Legacy Flyer
Oct 31, 2012

You misunderstood my point. I am aware of the estimates of increased cancer due to radiation.

My comment “More Baloney” had to do with your blaming ER docs for excessive use of CT when they are being coerced to ordering all these extra studies by malpractice concerns.

Oct 31, 2012

Ahh, I’m glad you clarified that. Still, it seems you’re suggesting that malpractice concerns – legitimate or inflated – have come to trump doctors’ Hippocratic Oath to “do no harm” to their patients, which is also an explicit provision of at least the AMA’s Code of Ethics.

So whatever else you choose to say to defend or justify these practices, will you at least grant that they are inherently unethical?

Oct 31, 2012

Rather than belabor this, I’ll simply give you my citation for the estimated 29,000 cancers a year caused by CT scans in America: Projected Cancer Risks from Computed Tomographic Scans Performed in the United States in 2007. Arch Intern Med.2009;169(22):2071-77.

I’m sure this respected journal also publishes “baloney” when it’s not what you want to hear.

Legacy Flyer
Oct 30, 2012

I checked your reference: It actually is a list of articles on Medscape. ( I hope you realize that Medscape is like the People Magazine of Medicine.)

Here are two of the articles on the list that you refer to:

1) Physician Malpractice Rates Fall for Fifth Straight Year:

…. premiums for medical malpractice insurance for 3 bellwether specialties dropped for the fifth straight year in 2012, according to a new report published in Medical Liability Monitor (MLM) ….

The article goes on to say: “THESE DECLINES, HOWEVER, ARE DWARFED BY ANNUAL PREMIUM INCREASES TOPPING 20% IN 2003 AND 2004.” (Emphasis added)

2) “Malpractice Payments Continue Downward Slide”

“The number and total value of malpractice payments made on behalf of physicians declined in 2011 for the eighth consecutive year, according to a new study released yesterday by the consumer group Public Citizen.”
I then went to the study for Public Citizen that this article references but was stopped by the second line of the article – “Skyrocketing Healthcare Costs and Rampant Medical Errors Discredit the Promises Put Forth by Advocates of Tort Reform”. (Sorry, can’t get past that sentence to believe this organization is doing a study rather than publishing a position piece.)

Much of this article relies on data from the National Practitioner Data Bank which is reliable as far as it goes but …. When a suit is filed, it is common for the plaintiff to sue all the parties – including both the Physician and the Physician’s PA or LLC. It is very common for settlements to be structured so that payment is made on behalf of the PA or LLC, NOT the Physician. The reason for this is that if the payment is made on behalf of the PA or LLC, nothing gets reported to the Data Bank. As a consequence, doing a study relying on Data Bank data is a classic case of GIGO – garbage in, garbage out.

In summary, I don’t find the data you used to defend your positions very compelling.

You say: “A study of malpractice claims by five malpractice insurers found 39% of claims settled between 1984 and 2004 by these insurers did not involve medical error or patient injury, while the remaining 61% did. This undercuts the ‘frivolous lawsuits’ argument, as the majority of claims weren’t frivolous…”

Let us assume that the statistics that you quote above are correct; then approximately 40% of settled claims are “frivolous”. This is still a huge number of frivolous cases and these cases can and do have a chilling impact on the practice of medicine.

“Whatever the reasons, I find your evasion of this crisis in American healthcare troubling – and not unlike that of the medical profession as a whole. It’s understandable as a professional matter of self-interest, but it forfeits the profession’s claim to patient advocacy.”

I do not think I am evading the crisis in American healthcare. Here is what I said in my previous post:

“Patient’s biggest crisis is getting high quality medical care at a reasonable price. Medical errors play a part in that crisis as does the cost of health care, availability of care and a variety of other factors.”

“Your own ER example proves this point, as CT scans are estimated to cause 29,000 cancers cases annually in America, half of them fatal.”

More Baloney. And my point was that excessive CT scanning (with its attendant cost and radiation) is being driven by malpractice concerns and the lack of a safe harbor.

Legacy Flyer
Oct 30, 2012

Hideyuki – thank you for your comments. You are correct, medical errors and malpractice are actually two separate and minimally related issues.

John Lynch: “I … disagree with … your opening comment about mangling the line between malpractice and medical errors – and your closing comment about removing the mal from malpractice simply by providing doctors with “safe harbors” of proven medical practice.”

Legacy Flyer: As you probably could have guessed, I disagree with what you say. “Safe harbors” protect physicians who follow proven, standard practices. How in the world could a physician who follows proven, standard practices have erred? Welcome to the world of malpractice – where the “Standard of Care” is whatever a plaintiff’s lawyer can convince a jury of.

John Lynch: “My response is that there’s considerable evidence that frivolous malpractice claims are in the minority….”

Legacy Flyer: BALONEY! The majority of malpractice cases that go to trial are won by the defendant, hence the majority of cases in which a verdict is reached are judged “non-meritorious” by a jury.

However, we both know that the majority of malpractice cases settle. So does is mean that all cases in which a payment is made are therefore not “frivolous”? No. It is frequently cheaper to make a small payment to make a case go away than to take the case to court and win it. This does not mean the case isn’t “frivolous”, it just means it is cheaper to settle than fight.

I am currently an expert in a case in which the insurance company will probably offer “defense costs” to the plaintiff. This means they are only willing to offer what it would cost them to defend the case in court – i.e. they believe the case is frivolous but want to get out as cheaply as possible.

John Lynch: Here we are with malpractice claims at record lows and premiums that reflect that…. Well, it’s not their PATIENTS’ biggest crisis – medical errors are – and that should be of greater concern to them.

LegacyFlyer: “malpractice claims at record lows and premiums that reflect that” – BALONEY again.

Patient’s biggest crisis is getting high quality medical care at a reasonable price. Medical errors play a part in that crisis as does the cost of health care, availability of care and a variety of other factors. I think you (John Lynch) and I would agree that physician’s malpractice concerns are not and should not be a patient’s main concern. However, when malpractice causes the cost of medical care to rise and or care to become less available it does become a patient’s concern.

Let me give you one example of how malpractice can drive cost – and to the extent that insurance becomes less affordable, hurt patient care. I read CT scans (and other XRays) for emergency rooms at night. A very commonly done exam is a CT of Chest for suspected PE. The hit rate is extremely low – in the range of 5% or less. ER docs know this and when I have discussed it with them they will tell me that they are mostly “covering their ass”.

So why would a rational and intelligent ER doc “over order” a test? Because if he/she follows an appropriate guideline, but the patient has a bad outcome he/she can be sued – regardless of whether they were following best medical practices. Who pays for this? In the end patients do and it drives up the cost of medical care and consequently makes it more difficult for patients to get care. This is a situation in which a “safe harbor” would be very helpful.

Oct 30, 2012

You seem to rely on your personal experience – ample though it may be – to justify your charges of “Baloney!”. Not having comparable experience, I’m forced to rely on the published evidence – and it suggests your charges of “Baloney!” are, to quote Joe Biden, “Malarkey!”…:-)

First, I refer you to this page on Medscape – – which hosts a series of relevant articles that support my statement that malpractice claims are at all time lows. There’s more where that came from if you still have doubts. This article at shows that malpractice premiums declined in 2012 for the fifth straight year.

Next I refer you to a study I cite in my book Our Healthcare Sucks, which I’ll quote directly:

“A study of malpractice claims by five malpractice insurers found 39% of claims settled between 1984 and 2004 by these insurers did not involve medical error or patient injury, while the remaining 61% did. This undercuts the ‘frivolous lawsuits’ argument, as the majority of claims weren’t frivolous…

“Further, this study found over 25% of cases with ‘culpable medical errors went uncompensated, suggesting the present system might be erring far more on the side of medical defendants (doctors) than is generally appreciated’.”. (Frivolous Malpractice Cases Are Less Common than Was Feared, Journal Watch Gastroenterology, 6/13/06).

Notice that this study was of claims settled, not jury awards – and that frivolous claims were, indeed, in the minority.

Now that we’ve dispensed with the baloney, let’s get to the REAL meat of the matter. I note that with all your commenting, you speak only to the malpractice issue, never to medical errors – other than to dismiss them as unrelated to malpractice claims (which the study cited above would seem to refute). This could be because, as a radiologist, you don’t have much patient contact and can’t personally relate to patient injury as you can the courtroom drama.

Whatever the reasons, I find your evasion of this crisis in American healthcare troubling – and not unlike that of the medical profession as a whole. It’s understandable as a professional matter of self-interest, but it forfeits the profession’s claim to patient advocacy.

This, more than all the rest of this banter, reinforces my book’s thesis that patients in America can no longer trust their doctors to protect them from either medical harm or inflated medical bills. Your own ER example proves this point, as CT scans are estimated to cause 29,000 cancers cases annually in America, half of them fatal.

I thank you for reaffirming my thesis.

Oct 30, 2012

First I agree with LegacyFlyer’s critique of the post. It is misleading to mangle the line between malpractice as in lawsuits and medical errors as in all those mistakes doctors and hospitals make, but no one wants to fess up to them. There does need to be genuine accountability for errors. We clearly need to find ways to make both hospitals and doctors report error rates rather than hiding behind some conspiracy of silence. In general malpractice complaints are distractions away from what we really need to be looking at. Why is the C-Section rate for the University of California at Irvine so much higher than that of Intermountain in Utah? Why is it that what would be done to treat a condition in one metropolitan area is so radically different from what would be done elsewhere? Captain Sully Sullenberger addressed the 2010 HIMSS conference and read the group the riot act so to speak for not having checklists. Why doesn’t healthcare have checklists that are a routine, rigorous part of the care algorithm? Yes, I mean algorithm. We should be working toward or doing repeatable procedures everywhere possible. Too often medicine is a science experiment that is more about gratifying some over-sized ego rather than providing something that makes patients healthier.

I have been relatively outspoken about my criticisms of the way health care is provided to people like myself, dealing with Parkinson’s. I think health care is an oxymoron. It would be more accurate, in my opinion, to refer to it as Sickness Perpetuation and Management. If people actually get better, who gets paid? If they stay sick, who gets paid? We need well established procedures that deal with common conditions algorithmically, and holistically. Parkinson’s is well known to cause problems with low blood pressure – orthostatic hypotension. Yet under our current system, I can fall and break bones requiring hospitalization, insurers and medicare will pay for that. Medicare will not pay for the compression stockings that might help the person better manage their blood pressure avoiding the fall completely. Can we all say stupid? This is what “Mal” looks like.

Doctors need a way to be protected and shielded from silly complaints as long as they are following well understood, proven, effective procedures. This is how you get the Mal out of the practice of medicine.

Overall, Mr. Lynch thank you for your post. You are pointing to something that does need illumination. My hope is that you can refine your message.

Oct 30, 2012

Thanks for your thoughtful comment. I can’t disagree with almost anything you’ve added except your opening comment about mangling the line between malpractice and medical errors – and your closing comment about removing the mal from malpractice simply by providing doctors with
“safe harbors” of proven medical practice.

My response is that there’s considerable evidence that frivolous malpractice claims are in the minority, Yet most doctors choose to ignore this fact and pretend they’re the victims of an epidemic of frivolous malpractice claims that are, in fact, at historic lows. It reminds me of the ongoing political debates in which each side cherry picks only the data that supports their arguments and ignores that which refutes it.

I’d like to see a healthcare system in which our doctors truly DID behave as the patient advocates they claim to be rather than put upon victims. This isn’t a “Lake Woebegon” fantasy – merely a realization of the role the medical profession claims to adhere to, only it’s a hollow claim in the face of its continued indifference to patient safety.

Here we are with malpractice claims at record lows and premiums that reflect that – as always, with a few exceptions – and the medical profession still carries on like it’s their biggest crisis. Well, it’s not their PATIENTS’ biggest crisis – medical errors are – and that should be of greater concern to them.

It’s not a matter of mangling the line between errors and lawsuits but of contrasting the attention each receives by the only ones in a position to do anything meaningful about it – our doctors.

Oct 18, 2012

Well, Natasha, you needn’t do either – I didn’t write a book called Our Healthcare Sucks expecting to be loved anyway…:-) I admire and respect what you’re trying to do with your health conscious movement and it’s very much aligned with my own efforts, as I’ll shortly be issuing a series of eBooks attempting to do much the same.

As for this malpractice issue, however, I’m afraid I see it as more the fragmentation of medical practice that contributes so mightily to both medical errors and the lawsuits they occasionally produce. i say occasionally because the data suggest that only a small fraction of patients who would have a legitimate basis for suing actually do so, which is what makes so much of defensive medicine an overreaction.

I’m afraid your call for a complete transformation of the system, noble as it is, isn’t very likely. Nor is mainstream medicine lining up to adopt the integrative medical practices you and I both endorse. So, in the absence of these ideal solutions, my focus is on alerting patients to just how dysfunctional our healthcare system is and providing them with the information and tools they need to avoid harm and better manage their healthcare costs (unlike Canada, Americans are facing a doubling and tripling of their already unaffordable healthcare costs over the next decade – and that’s with or without Obamacare).

We agree the answer lay with patients becoming better medical and health conscious consumers. I don’t predicate that on a collapse of the current system, however, but rather on the compelling need to help patients and consumers cope better with its continuing failures.

Oct 24, 2012

John, John, John, John, John….I STILL believe in the spirit of humans!! 🙂 I STILL believe that the individual CAN do it. I STILL believe in the power of people, together, small acts, one by one by one, changing their destiny, changing their world. I believe, like Carne Ross (excellent book – The Leaderless Revolution) and Gene Sharp and William James all those crazy individuals who stood up for humanity despite the condition of our world – WE can change our lives. WE CAN. And, WE have the power all along, right inside – even inside the myopic fragmentation of our healthcare system. As to the solution, I encourage you to read Steven Davidson – Still Broken. After analyzing reform over 100 years, since Teddy Roosevelt, and analyzing all those cries that ‘privatization will decrease costs’ our the fundamental logic is flawed. There is no such thing as competition when it comes to a moral standing. And our health, our very lives, are that benchmark. He believes that government, not the employer, should have that responsibility, and should be in control of all sub-components, including med mal. Since our government is corporate-owned at this point in our evolution, the only answer, the ONLY answer, even according to him, is a grassroots movement, for the people, by the people. Incremental change will continue to cost a tremendous number of lives. P.S. I like your book. I think we can be friends!


John, I’m not sure if I like you or hate you! I completely agree, reform must include a tear down of med mal. Coming from Canada, liability cost is 2000/year, ALL SPECIALITIES!! But you miss some very important points on how the system is integrated to keep doctors in what you call “malpractice risk provides a convenient cover for many doctors.” Did I go to medical school to commit ‘fraud and abuse’, encourage litigation, and willingly drive the cost of the system into the statosphere, or did I train for 10 years to do something else as a doctor, huh? Check out this to find out HOW the SYSTEM is integrated to keep us where we are…!! THE only answer is total, integrated collapse of all components, and a rebuild from the grassroots…call me crazy, but there’s no way out, except OUT!

Legacy Flyer
Oct 3, 2012


I have already conceded that the published evidence for what I am saying is slim. I do however have the advantage of having seen thousands of exams and speaking to the docs who have ordered them. They admit that many of these exams are CYA – “cover your ass” and wouldn’t have been done if not for malpractice concerns.

You say: “competent docs know what tests/procedures are needed and are confident in their diagnosis”. This statement displays a fair degree of naivete about the diagnostic process. You view things as being black or white – in fact they come in many shades of gray.

John Lynch,

I never said greed was not a factor – it definitely is. In fact one of the biggest “troughs” in medicine is self referral schemes related to investor owned MRI/CT. An area that I am sure you are familiar with. There is good research showing what happens to referral patterns when docs own a “piece of the pie” of an MRI or CT

I am afraid you and I are going to have to differ about the influence of fear of malpractice. My 30 years of experience of having seen questionable cases and talked to the docs who ordered them is not going to be changed by your arguments. In essence, “What am I going to believe, you or my own eyes?”

I think I have said about all that I should. I recognize that I have not changed either or your opinions and I really didn’t expect to. You certainly haven’t changed mine. I hope I have been able to act as a counterweight for those readers who are still on the fence.

Oct 3, 2012

“This statement displays a fair degree of naivete about the diagnostic process. You view things as being black or white – in fact they come in many shades of gray.”

Agreed, I know that diagnosis can be a “process” with observation and adjustments to the correct end, maybe even multiple diseases present. But having said that are you saying that a battery of unnecessary tests gets the diagnosis on the nose?

Oct 3, 2012

Fair enough.