Skip to content
  • About
  • Contact
  • Contribute
  • My Book
  • Careers
  • Podcast
  • Transcripts
  • Speaking
KevinMD
  • All
  • Physician
  • Burnout
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • All
  • Physician
  • Burnout
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
    • All
    • Physician
    • Burnout
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • About
    • Contact
    • Contribute
    • My Book
    • Careers
    • Podcast
    • Transcripts
    • Speaking
KevinMD
  • All
  • Physician
  • Burnout
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
    • All
    • Physician
    • Burnout
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • About
    • Contact
    • Contribute
    • My Book
    • Careers
    • Podcast
    • Transcripts
    • Speaking
  • About Kevin Pho, MD, Founder of KevinMD
  • Be heard on social media’s leading physician voice
  • Contact Kevin
  • Custom enhanced author page pricing
  • DMCA Policy
  • Establishing, Managing, and Protecting Your Online Reputation: A Social Media Guide for Physicians and Medical Practices
  • KevinMD influencer opportunities
  • Opinion and commentary by KevinMD
  • Physician burnout speakers to keynote your conference
  • Physician Coaching by KevinMD
  • Physician keynote speaker: Kevin Pho, MD
  • Physician Speaking by KevinMD: a boutique speakers bureau
  • Primary care physician in Nashua, NH | Kevin Pho, MD
  • Privacy Policy
  • Recommended services by KevinMD
  • Terms of Use Agreement
  • Thank you for subscribing to KevinMD
  • Thank you for upgrading to the KevinMD enhanced author page
  • Upgrade to the KevinMD enhanced author page

Why malpractice reform will happen, whether lawyers like it or not

Wes Fisher, MD
Physician
March 12, 2013
Share
Tweet
Share

shutterstock_111665426

A collision is coming.

Scratch that.

The collision is here.

I’m not quite sure how to describe this, but I’ll try.

Every day, I look at a computer screen for health care delivery with an increasing number of menu options.  I tried counting these menu options once and after scrolling through them, I never reached all of them after counting up to 275 items.

Yes, there are more than that, but suffice it to say, for most of us, that’s enough to make my point.

Next, are the data points that confront my eyes every day.  Data points from all over and from all sorts of people.  Some whose names I recognize (even a few from me), but more importantly, many of whom I don’t.  Hundreds and hundreds and hundreds of data points, streaming to me every single day.

What are these interrupters?

Many are orders for procedures.

Others are for results.

And phone calls.

And messages.

And patients recently admitted to other services for other procedures just so I know about them.

And patients to be scheduled for a procedure at a later date.

And blood draws.

And EKGs that have been ordered and not “signed.”

And EKGs that have been read and not “signed.”

And EKG results that were “signed” but returned to my “results” box just to remind me I “signed” them.

And … well, just about anything.

All as part of the Great Medical Health Care Team plan.

But wait, who ordered all of these procedures, tests, results to be sent my way?

Some I did, but far more often, other people did.

Those other people are people who have been ordained capable of ordering those tests by other people.  Other people in our big, burgeoning health care system that extends over a larger an larger geographic area with more and more doctors than ever before.

And herein lies the challenge and the best hope for doctors’ liability reform going forward: diffusion of their responsibility.

A few central planners whose grandiose health care narcissism have allowed unfettered access to physician responsibility for health care actions outside our real control in our new health care model so they can be paid.  Perhaps this was inevitable given the priority of providing care of so many more people without increasing doctors’ ranks.    But as a result, doctors have unwittingly permitted programmers to send us all of these “notifications” so we must click on them so we can assume responsibility for their presence.  It’s all part of the game:  get the doctor to click on it so it can be billed to payers.   Get the doctor to click on it so he or she can take the heat if there’s a problem.

Licensed medical doctors continue to allow click after click after click, not to show we are using a computer “meaningfully” (as the programmers and political wonks would like you to believe), but really so we can assume responsibility for the results that ultimately come our way and for others to bill.

Need a flu shot?  Don’t worry, it’s auto-programmed computerized care pathway programmed by others on behalf of patients everywhere will happily send us a notification that the test was ordered and the results sent to the doctor so he or she can assume responsibility before he or she is even aware the test was ordered and resulted.  There it is: silently lying there in their inbox.

Click, doctor, click.

Forget about the egg allergy?  Oops.

Sorry, doc.

But increasingly, there’s a little something that’s happening as patients assume more of their health care bill: doctors are finding that they are effectively “responsible,” even though we have no idea what things cost.  We are “responsible” for the patient’s tests ordered, even though we didn’t order them.  We are responsible for the results, because they come our way.  We are responsible for our “team,” even though we had no responsibility for its selection.

The fanciful dream that doctors can be responsible for problems that arise can be completely blamed on doctors is a joke.  A very, very bad joke.

This is why liability reform will happen, whether the lawyers like it or not.

Not because doctors want it (even though they do), but because Big Business does.

Wes Fisher is a cardiologist who blogs at Dr. Wes.

Image credit: Shutterstock.com

Prev

Working in an urgent care center: An assault on the soul

March 12, 2013 Kevin 43
…
Next

Home genetic testing raises more questions than answers

March 12, 2013 Kevin 5
…

Tagged as: Health Policy and Public Health, Malpractice and Medical Liability

< Previous Post
Working in an urgent care center: An assault on the soul
Next Post >
Home genetic testing raises more questions than answers

ADVERTISEMENT

More by Wes Fisher, MD

  • How to help physicians end maintenance of certification nationwide

    Wes Fisher, MD
  • When patients tweet their own heart attacks

    Wes Fisher, MD
  • So you failed maintenance of certification. What now?

    Wes Fisher, MD

More in Physician

  • Medical hierarchy is silencing young doctors who want to write

    Dr. Buga Charles George Kenyi
  • Why military patients carry pain a chart can’t explain

    Ann Lebeck, MD
  • Leaving medicine is a translation problem, not a loss

    Shveta Gupta, MD, MBA
  • When a divorce ends a physician’s career

    Donald J. Murphy, MD
  • Military sports medicine and the cost of readiness

    Ann Lebeck, MD
  • When medicine confuses professionalism vs. compliance

    Gus W. Krucke, MD
  • Most Popular

  • Past Week

    • DEA fear is reshaping how doctors prescribe

      Ronald L. Lindsay, MD | Physician
    • The double standard at the heart of chronic pain treatment

      Joshua Saylor | Conditions and Diseases
    • Your sinus infection may not be an infection

      Franklyn R. Gergits, DO, MBA | Conditions and Diseases
    • Medical hierarchy is silencing young doctors who want to write

      Dr. Buga Charles George Kenyi | Physician
    • I built clinical decision-support tools at the bedside

      Ahmed Elsonbaty, MD | Health Technology
    • Peptide regulation: 4 lanes every physician must know

      Benjamin González, MD | Medications
  • Past 6 Months

    • Primary care crisis requires new training and skills

      Justin Oldfield, MD | Physician
    • Polycystic ovary syndrome is more than ovarian

      Oluyemisi Famuyiwa, MD | Conditions and Diseases
    • DEA fear is reshaping how doctors prescribe

      Ronald L. Lindsay, MD | Physician
    • Expanding the SOAP framework boosts health outcomes

      Deepak Gupta, MD and Sarwan Kumar, MD | Physician
    • Primary care access is the real problem, not the system

      Payam Zamani, MD | Physician
    • How corporate medicine is eroding truth and patient dignity

      Ronald L. Lindsay, MD | Physician
  • Recent Posts

    • Medical hierarchy is silencing young doctors who want to write

      Dr. Buga Charles George Kenyi | Physician
    • Is anticoagulation bleeding risk worse in the real world?

      David K. Cundiff, MD | Medications
    • 5 layers every dengue prevention plan now needs

      Melvin Sanicas, MD | Conditions and Diseases
    • How administrative costs are crushing physician practices

      Kayvan Haddadan, MD | Physician Finance
    • Fragmented care is the gap digital health left open

      Robert Nieves, JD, MBA, MPA, RN | Health Policy
    • Musculoskeletal health may be the foundation of prevention

      Narinder Singh Parhar, MD | Conditions and Diseases

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 4 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • DEA fear is reshaping how doctors prescribe

      Ronald L. Lindsay, MD | Physician
    • The double standard at the heart of chronic pain treatment

      Joshua Saylor | Conditions and Diseases
    • Your sinus infection may not be an infection

      Franklyn R. Gergits, DO, MBA | Conditions and Diseases
    • Medical hierarchy is silencing young doctors who want to write

      Dr. Buga Charles George Kenyi | Physician
    • I built clinical decision-support tools at the bedside

      Ahmed Elsonbaty, MD | Health Technology
    • Peptide regulation: 4 lanes every physician must know

      Benjamin González, MD | Medications
  • Past 6 Months

    • Primary care crisis requires new training and skills

      Justin Oldfield, MD | Physician
    • Polycystic ovary syndrome is more than ovarian

      Oluyemisi Famuyiwa, MD | Conditions and Diseases
    • DEA fear is reshaping how doctors prescribe

      Ronald L. Lindsay, MD | Physician
    • Expanding the SOAP framework boosts health outcomes

      Deepak Gupta, MD and Sarwan Kumar, MD | Physician
    • Primary care access is the real problem, not the system

      Payam Zamani, MD | Physician
    • How corporate medicine is eroding truth and patient dignity

      Ronald L. Lindsay, MD | Physician
  • Recent Posts

    • Medical hierarchy is silencing young doctors who want to write

      Dr. Buga Charles George Kenyi | Physician
    • Is anticoagulation bleeding risk worse in the real world?

      David K. Cundiff, MD | Medications
    • 5 layers every dengue prevention plan now needs

      Melvin Sanicas, MD | Conditions and Diseases
    • How administrative costs are crushing physician practices

      Kayvan Haddadan, MD | Physician Finance
    • Fragmented care is the gap digital health left open

      Robert Nieves, JD, MBA, MPA, RN | Health Policy
    • Musculoskeletal health may be the foundation of prevention

      Narinder Singh Parhar, MD | Conditions and Diseases

MedPage Today Professional

An Everyday Health Property Medpage Today

Copyright © 2026 KevinMD.com | Powered by Astra WordPress Theme

  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Why malpractice reform will happen, whether lawyers like it or not
4 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...