Defensive Medicine and the Medical Malpractice Crisis
Posted on behalf of D'Amico & Pettinicchi, LLC on Dec 11, 2015 in Medical Malpractice
Many doctors and professionals often claim that defensive medicine is a practice employed by physicians in an effort to protect themselves from a potential medical malpractice lawsuit.
Any recommendation by a physician for a test or treatment that is not medically necessary can be considered defensive medicine. In many cases, doctors believe that by ordering a certain test or treatment, they will be protected should a patient attempt to bring a medical malpractice claim against them.
Such defensive medical practices have ballooned into what many consider to be a medical malpractice crisis where doctors are ordering more tests, medications and procedures than necessary.
However, as attorney Michael D'Amico outlined in a recent article in the Republican American, this is an incorrect assumption.
In order for a patient to file a medical malpractice lawsuit, a doctor must have failed to order a test or treatment that was medically necessary. Failure to order tests or treatments that are medically unnecessary cannot be defined as medical malpractice.
Furthermore, in Connecticut, in order to file a lawsuit, a patient must obtain a written statement from a qualified physician stating that medical malpractice has in fact occurred.
The medical malpractice lawyers at D'Amico & Pettinicchi have an intimate knowledge of medical malpractice laws. If you have been the victim of medical malpractice, we can help you get the compensation you deserve.