Does the Fear of Malpractice Impact Patient Care?

A recent study highlights a concerning trend among primary care physicians: many feel compelled to provide excessive medical care.

According to a national survey published in the Archives of Internal Medicine, 42% of physicians admit to offering unnecessary treatments or tests. The primary reason? Fear of malpractice lawsuits—76% of doctors cited this as a key factor influencing their decisions. Additionally, more than half of the respondents pointed to the increasing emphasis on clinical performance metrics as a contributing factor. This pressure to practice defensive medicine not only raises healthcare costs but can also compromise patient care by prioritizing legal protection over truly necessary treatments.

“When doctors feel forced to practice medicine defensively, it shifts the focus from patient-centered care to risk avoidance,” said CHH Partner Jim Harman. “This isn’t just a problem for physicians—it affects the quality and cost of healthcare for everyone.”

The issue extends beyond individual medical decisions, raising concerns about how healthcare incentives align with patient well-being. Defensive medicine, driven by the threat of litigation and rigid performance benchmarks, often results in unnecessary tests and procedures rather than prioritizing the best course of treatment. Addressing these challenges requires a reexamination of malpractice laws and financial incentives to encourage doctors to provide care that truly serves patients’ needs.

If you believe you’ve received unnecessary treatments or suffered due to a medical mistake, it’s important to understand your rights. The Chicago-based legal team at CHH focuses solely on medical malpractice cases, advocating for patients who have been harmed by negligence in healthcare. Reach out to us today for a free consultation and let’s discuss how we can help you seek the justice and accountability you deserve.

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At Cirignani Heller & Harman, LLP, we represent Illinois clients in Chicago and throughout Cook County, including the cities of Cicero, Elgin, Schaumburg, Oak Park, Maywood, Berwyn, Elmhurst, Evanston, Skokie, Des Plaines, Mount Prospect, Arlington Heights, Palatine and Hoffman Estates. We also help clients in DuPage County, Kane County, Lake County, McHenry County, Will County and Winnebago County. If you have been the victim of medical malpractice in Illinois, CHH Law is the law firm with attorneys that can help.

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