Act first and look up the law afterward?: medical malpractice and the ethics of defensive medicine

Theor Med Bioeth. 1998 Dec;19(6):569-89. doi: 10.1023/a:1009991707255.

Abstract

This essay examines the so-called phenomenon of "defensive medicine" and the problematic aspects of attempting to maintain the safest legal position possible. While physicians face genuine litigation threats they frequently overestimate legal peril. Many defensive practices are benign, but others alter patient care and increase costs in ways that are ethically suspect. Physicians should learn to evaluate realistically the legal risks of their profession and weigh the emotional, physical, and financial costs to the patient before employing a defensive measure.

Publication types

  • Review

MeSH terms

  • American Medical Association
  • Attitude of Health Personnel*
  • Beneficence
  • Defensive Medicine* / economics
  • Defensive Medicine* / legislation & jurisprudence
  • Disclosure
  • Ethics, Medical*
  • Humans
  • Lawyers
  • Malpractice* / economics
  • Malpractice* / legislation & jurisprudence
  • Patient Advocacy
  • Physicians / psychology*
  • United States