Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
KevinMD
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking
KevinMD
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking
  • About KevinMD | Kevin Pho, MD
  • Be heard on social media’s leading physician voice
  • Contact Kevin
  • Discounted enhanced author page
  • DMCA Policy
  • Establishing, Managing, and Protecting Your Online Reputation: A Social Media Guide for Physicians and Medical Practices
  • Group vs. individual disability insurance for doctors: pros and cons
  • 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
  • The biggest mistake doctors make when purchasing disability insurance
  • The doctor’s guide to disability insurance: short-term vs. long-term
  • The KevinMD ToolKit
  • Upgrade to the KevinMD enhanced author page
  • Why own-occupation disability insurance is a must for doctors

Are safe harbors the answer to fixing medical malpractice?

Peter Ubel, MD
Physician
June 4, 2014
Share
Tweet
Share

The U.S. medical malpractice system is broken. It frequently does not punish doctors who need punishing, while levying fines against doctors who did nothing wrong. And this dreadfully inaccurate system still manages to take almost five years, on average, to settle claims.

Experts have been promoting a type of reform known as safe harbor rules, which would shield physicians from lawsuits in cases where they were known to be following accepted clinical guidelines. For example, a patient who develops metastatic prostate cancer could not sue his physician for failing to screen him for that cancer if safe harbor rules include recent guidelines concluding the prostate screening is not routinely indicated.

The goal of safe harbor rules is to protect doctors from frivolous lawsuits. A study suggests the rule will probably be more beneficial to patients than doctors. The researchers reviewed over 900 malpractice lawsuits in Oregon that took place between 2002 and 2009. They reviewed the claims and tried to figure out if those cases would have gone differently if Oregon had a safe harbor rule in place at that time. They found that only 3 of 970 claims decided against doctors would have instead been decided in their favor if a safe harbor rule had been in place. In other words, safe harbor legislation does not look like it will help doctors very much. Worse yet for doctors, 14 cases would have likely been decided against them, because of harms that were caused by physicians not following practice guidelines.

But the point of malpractice reform is not simply to relieve physicians of unwarranted lawsuits. The most important goal is to improve the quality of care that physicians provide. The research team discovered 41 cases in which patients would not have been harmed if physicians had followed practice guidelines. See the accompanying table, which summarizes their findings:

ex-new1

In short, safe harbor legislation will not necessarily reduce the number of medical malpractice suits in the U.S. But it might improve patient care, by focusing physicians on the importance of following carefully crafted clinical guidelines.

Peter Ubel is a physician and behavioral scientist who blogs at his self-titled site, Peter Ubel and can be reached on Twitter @PeterUbel.  He is the author of Critical Decisions: How You and Your Doctor Can Make the Right Medical Choices Together. This article originally appeared in Forbes.

Prev

The country doctor is alive and well

June 3, 2014 Kevin 13
…
Next

The patient offered a diagnosis, and the doctor missed it

June 4, 2014 Kevin 12
…

Tagged as: Malpractice

< Previous Post
The country doctor is alive and well
Next Post >
The patient offered a diagnosis, and the doctor missed it

ADVERTISEMENT

More by Peter Ubel, MD

  • Clinicians shouldn’t be punished for taking care of needy populations

    Peter Ubel, MD
  • Patients alone cannot combat high health care prices

    Peter Ubel, MD
  • Is the FDA too slow to handle the pandemic?

    Peter Ubel, MD

More in Physician

  • How punitive board tactics are harming pain management physicians

    Kayvan Haddadan, MD
  • Why immersive travel may be a powerful tool for behavior change

    Stacey Funt, MD
  • Why the Oregon National Primate Research Center is shutting down

    Marge Peppercorn, MD
  • Why physicians must lead payment tariff negotiations

    Olumuyiwa Bamgbade, MD
  • The hidden math behind physician hiring costs and recruitment

    Timothy Lesaca, MD
  • Primary care compensation models: Why wRVUs are obsolete

    Yul Ejnes, MD
  • Most Popular

  • Past Week

    • The 9 laws of health care quality: Why metrics miss the point

      Constantine Ioannou, MD | Physician
    • Adult disability care transition: Why medicine must grow up

      Ronald L. Lindsay, MD | Conditions
    • Grief and healing: Learning to live with absence

      Michele Luckenbaugh | Conditions
    • The evolutionary intelligence of human milk: HMOs and lactose

      Rao M. Uppu, PhD | Conditions
    • How AI in dentistry is changing your next checkup

      Sowjanya Gunukula, DDS | Tech
    • The hidden risks of AI-generated progress notes in psychotherapy

      Arthur Lazarus, MD, MBA | Tech
  • Past 6 Months

    • The dangers of vertical integration in health care

      Stephanie Waggel, MD | Policy
    • The 9 laws of health care quality: Why metrics miss the point

      Constantine Ioannou, MD | Physician
    • Why does sex work seem like a more viable path than medicine in 2026?

      Corina Fratila, MD | Physician
    • From Singapore to Canada: a blueprint for primary care transformation

      Ivy Oandasan, MD | Policy
    • How board certification fuels the physician shortage crisis

      Brian Hudes, MD | Physician
    • The Platinum Rule in health care: Moving beyond the Golden Rule

      Harvey Max Chochinov, MD, PhD | Conditions
  • Recent Posts

    • Politics and fear have replaced science in U.S. pain management [PODCAST]

      The Podcast by KevinMD | Podcast
    • How punitive board tactics are harming pain management physicians

      Kayvan Haddadan, MD | Physician
    • AI in clinical documentation: the hidden risk of automation bias

      Gagandeep Rai | Tech
    • How AI scribes can rescue clinical education from burnout

      Lynn McComas, DNP, ANP-C | Tech
    • Surviving stage 4 breast cancer: a 10-year journey of hope

      Tami Berczuk | Conditions
    • Why immersive travel may be a powerful tool for behavior change

      Stacey Funt, MD | Physician

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 6 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

    • The 9 laws of health care quality: Why metrics miss the point

      Constantine Ioannou, MD | Physician
    • Adult disability care transition: Why medicine must grow up

      Ronald L. Lindsay, MD | Conditions
    • Grief and healing: Learning to live with absence

      Michele Luckenbaugh | Conditions
    • The evolutionary intelligence of human milk: HMOs and lactose

      Rao M. Uppu, PhD | Conditions
    • How AI in dentistry is changing your next checkup

      Sowjanya Gunukula, DDS | Tech
    • The hidden risks of AI-generated progress notes in psychotherapy

      Arthur Lazarus, MD, MBA | Tech
  • Past 6 Months

    • The dangers of vertical integration in health care

      Stephanie Waggel, MD | Policy
    • The 9 laws of health care quality: Why metrics miss the point

      Constantine Ioannou, MD | Physician
    • Why does sex work seem like a more viable path than medicine in 2026?

      Corina Fratila, MD | Physician
    • From Singapore to Canada: a blueprint for primary care transformation

      Ivy Oandasan, MD | Policy
    • How board certification fuels the physician shortage crisis

      Brian Hudes, MD | Physician
    • The Platinum Rule in health care: Moving beyond the Golden Rule

      Harvey Max Chochinov, MD, PhD | Conditions
  • Recent Posts

    • Politics and fear have replaced science in U.S. pain management [PODCAST]

      The Podcast by KevinMD | Podcast
    • How punitive board tactics are harming pain management physicians

      Kayvan Haddadan, MD | Physician
    • AI in clinical documentation: the hidden risk of automation bias

      Gagandeep Rai | Tech
    • How AI scribes can rescue clinical education from burnout

      Lynn McComas, DNP, ANP-C | Tech
    • Surviving stage 4 breast cancer: a 10-year journey of hope

      Tami Berczuk | Conditions
    • Why immersive travel may be a powerful tool for behavior change

      Stacey Funt, MD | Physician

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

Are safe harbors the answer to fixing medical malpractice?
6 comments

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

Loading Comments...