Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • 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

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

Post navigation

< 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

  • Why developmental and behavioral pediatrics faces a recruitment collapse

    Ronald L. Lindsay, MD
  • Valuing non-procedural physician skills

    Jennifer P. Rubin, MD
  • The life of a physician on call

    Yelena Feldman, DO
  • Why physician business literacy matters

    Kelly Bain, MD
  • A physician’s tribute to his medical technologist wife

    Ronald L. Lindsay, MD
  • Does medical training change your personality?

    Arthur Lazarus, MD, MBA
  • Most Popular

  • Past Week

    • Why feeling unlike yourself is a sign of physician emotional overload

      Stephanie Wellington, MD | Physician
    • The U.S. gastroenterologist shortage explained

      Brian Hudes, MD | Physician
    • Why senior-friendly health materials are essential for access

      Gerald Kuo | Conditions
    • A leader’s journey through profound grief and loss [PODCAST]

      The Podcast by KevinMD | Podcast
    • How online parent communities extend care

      Jorge Rodriguez, MD | Physician
    • The inconsistent academic peer review process

      V. Sushma Chamarthi, MD | Physician
  • Past 6 Months

    • Direct primary care in low-income markets

      Dana Y. Lujan, MBA | Policy
    • The flaw in the ACA’s physician ownership ban

      Luis Tumialán, MD | Policy
    • Patient modesty in health care matters

      Misty Roberts | Conditions
    • The Silicon Valley primary care doctor shortage

      George F. Smith, MD | Physician
    • California’s opioid policy hypocrisy

      Kayvan Haddadan, MD | Conditions
    • A lesson in empathy from a young patient

      Dr. Arshad Ashraf | Physician
  • Recent Posts

    • Why senior-friendly health materials are essential for access

      Gerald Kuo | Conditions
    • Why developmental and behavioral pediatrics faces a recruitment collapse

      Ronald L. Lindsay, MD | Physician
    • Valuing non-procedural physician skills

      Jennifer P. Rubin, MD | Physician
    • How genetic testing redefines motherhood [PODCAST]

      The Podcast by KevinMD | Podcast
    • The life of a physician on call

      Yelena Feldman, DO | Physician
    • Why smoking is the top cause of bladder cancer

      Martina Ambardjieva, MD, PhD | Conditions

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

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why feeling unlike yourself is a sign of physician emotional overload

      Stephanie Wellington, MD | Physician
    • The U.S. gastroenterologist shortage explained

      Brian Hudes, MD | Physician
    • Why senior-friendly health materials are essential for access

      Gerald Kuo | Conditions
    • A leader’s journey through profound grief and loss [PODCAST]

      The Podcast by KevinMD | Podcast
    • How online parent communities extend care

      Jorge Rodriguez, MD | Physician
    • The inconsistent academic peer review process

      V. Sushma Chamarthi, MD | Physician
  • Past 6 Months

    • Direct primary care in low-income markets

      Dana Y. Lujan, MBA | Policy
    • The flaw in the ACA’s physician ownership ban

      Luis Tumialán, MD | Policy
    • Patient modesty in health care matters

      Misty Roberts | Conditions
    • The Silicon Valley primary care doctor shortage

      George F. Smith, MD | Physician
    • California’s opioid policy hypocrisy

      Kayvan Haddadan, MD | Conditions
    • A lesson in empathy from a young patient

      Dr. Arshad Ashraf | Physician
  • Recent Posts

    • Why senior-friendly health materials are essential for access

      Gerald Kuo | Conditions
    • Why developmental and behavioral pediatrics faces a recruitment collapse

      Ronald L. Lindsay, MD | Physician
    • Valuing non-procedural physician skills

      Jennifer P. Rubin, MD | Physician
    • How genetic testing redefines motherhood [PODCAST]

      The Podcast by KevinMD | Podcast
    • The life of a physician on call

      Yelena Feldman, DO | Physician
    • Why smoking is the top cause of bladder cancer

      Martina Ambardjieva, MD, PhD | Conditions

MedPage Today Professional

An Everyday Health Property Medpage Today
  • 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...