How Have Trends in Medical Malpractice Affected How Doctors Treat Their Patients?

A doctor's professional code of ethics does not change

Ideally, how doctors have treated their patients should not have changed, over the years. Doctors have been expected to remain true to their professional code of ethics, regardless of trends towards medical malpractice or other, possible undesirable situations. Their code of ethics should not change in the future, either. Reality's world of today is such that trends in medical malpractice have placed doctors, their families and their practices in jeopardy or in awkward situations which have been and continue to be anything but ideal.

What is medical malpractice?

"Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient." (1)

There are a number of different ways to look at trends in medical malpractice. When one begins to attempt to answer the question about how trends in medical malpractice have affected and continue to affect the way that doctors treat patients, it depends upon which direction the medical malpractice is being perceived.

For instance, is medical malpractice being perceived from the perspective of other doctors or medical professionals? Or, is it perceived from the perspective of patients and their families? Does it make a difference?

Yes, it does.

Are there other directions, from which this can be perceived as well?

Yes, this would include other professionals and non-professionals, who are actively involved in health care facilities like hospitals, nursing homes, retirement homes or any other places where doctors might be employed, including doctor's offices

One has to look at medical malpractice, from a legal perspective, as well.

"Standards and regulations for medical malpractice vary by country and jurisdiction within countries." (2)

Because there is such a wide variance in standards and regulations with regard to medical practice from area to area, as well as from country to country, the professional ethics from one area or country may determine how a doctor chooses to treat his or her patients. This may be affected by his or her personal ethics, but ideally, though that should not be a factor, doctors are human.

How patients are treated medically, in the western world, may be different than the way they are treated in the eastern world. Each method of treatment may still be medically and ethically correct, at least in its own country.

A doctor from another part of the world may not necessarily be familiar with all of the medical practices of the western world. What he or she might do in his or her own country, may be medically and ethically correct there, even if it is not correct in the western world. This could result in malpractice lawsuits.

"Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice." (3)

Every doctor is required to maintain professional, liability insurance.

Medical malpractice insurance is expensive and with an increasing trend towards more and more medical malpractice law suits everywhere, the cost of insurance is sky-rocketing. Doctors attempting to cover the increasing cost may be forced to raise their fees for health care services.

In order to reduce the growing number of cases of medical malpractice lawsuits, as well as to protect themselves from possible law suits, doctors may be forced to change how they practice medicine. This could prove to be more costly for them and for their patients.

Doctors and their families can be subjected to personal threats or abuse from patients and their families, if they think or feel that they have been misdiagnosed, mistreated or suffered negligence, at the hands of doctors.

As a result, doctors are often forced to expand their medical practice horizons and include more examinations, procedures or tests, that otherwise might not be indicated as the primary modes of diagnosis. 

Again, the cost of health care rises.

As the number of medical malpractice law suits rise, the part of the law that covers malpractice continues to expand its horizons also. There are more and more legal professionals who are focusing on medical malpractice.

As a result, doctors are forced to re-examine how they keep their professional, medical records. If they are called into court for medical malpractice, their medical records might be their only means of self defense. Increasing or changing their medical record systems involves more time and dollars. The introduction of cyber medical records may bring about changes also.

Doctors could begin to ask themselves whether certain patients should be regarded as assets or liabilities to their practices.

In other words, before a doctor considers taking on a patient's care, he or she may evaluate that patient, with regard to potential legal risks and decide to avoid treating him or her, as a possible professional liability. Doctors may advise the patient to seek help elsewhere.

In a health care system that is overburdened by a global economic recession, this may mean that increasing numbers of prospective patients are turned away, because of the growing threat of medical malpractice lawsuits.

Younger men and women, who might choose to train to become doctors, may opt to pursue lower risk occupations. Would a student want to train in an area where the future is uncertain, because of potential law suits and the possibility of losing his or her credentials? As a result, in the future, there may be fewer students undergoing training as doctors.

Doctors may choose to become more highly specialized, in order to avoid potential legal problems that arise from seeing and treating large masses of people. The more patients a doctor sees, the higher the risk of malpractice law suits. Even now, doctor's medical assistants and nurse practitioners are taking over the initial care of many patients. Their level of medical care giving may lead to increased malpractice suits.

Obviously, there are serious problems inherent within the current health care system.

The cost of medical tests, procedures and treatments is increasing, at alarming rates, all around the globe. Ongoing technological advances in medicine introduce changes quickly and many of these still need to be researched or tested further.

Even now, there are not enough doctors and there is a tremendous work overload for those who are practicing medicine. Increases stress, fatigue and burnout affect the way doctors respond to patients.

Major transitions and reforms are needed in the medical field in order to prevent medical malpractice, as well as to protect doctors who are practicing in a moral and ethical manner.

Self-regulation is an important aspect of every doctor's medical practice. Personal integrity on the part of the doctors, regardless of where they are practicing, becomes increasingly important.

As for individual patients and their families, it is also important to realize that all doctors have to adhere to a high standard of medical practice and any deviation from this norm, could result in the permanent loss of their licensure. It is always in the best interest of doctors everywhere, to maintain a high level of professional integrity and continue to give a high level of quality care to their patients.

In conclusion, one must suggest that ideally, doctors should not have been treating their patients any differently. If anything, the quality of care that they give, should have been improving and continue to improve even though medical malpractice trends have and still may result in transitions with regard to how doctors treat patients.

(1) http://en.wikipedia.org/wiki/Medical_malpractice

(2) Ibid.

(3) Ibid.