by Brittany Lyons
With estimates ranging from $35 billion to a whopping $850 billion, the true costs of “defensive medicine” are difficult to pinpoint. A variety of government reports, physician surveys and studies have attempted to pinpoint exactly how much of U.S. healthcare costs are generated by defensive medicine, but the varied definitions of “defensive medicine” make the real number hard to determine.
Defensive medicine refers to the costs associated with doctors protecting themselves from medical malpractice lawsuits. These costs include liability insurance premiums, malpractice judgments and settlements, and sometimes extend to unnecessary testing or other physician services provided to patients solely to avoid malpractice claims. Indirect costs associated with defensive medicine can also include “assurance behaviors,” such as ordering tests or delivering additional services that have only marginal medical value, or no value at all, to discourage malpractice lawsuits—which can cost more than even earning PhDs. A 2005 study published in the Journal of the American Medical Association discovered that doctors may perform these unnecessary services in the hopes that if a malpractice claim were to arise, the court would be satisfied that the physician met the standard of care.
A Look Behind the Numbers
The Congressional Budget Office estimated that defensive medicine accounted for $35 billion—or 0.2 percent—of the total U.S. healthcare expenditures for 2009. This figure is significantly lower than the estimated $650 to $850 billion in annual expenditures attributed to defensive medicine by Gallup and Jackson Healthcare surveys of physicians. The Jackson Healthcare survey gathered data from thousands of physicians across the United States on the indirect and direct costs generated by defensive medicine, concluding that physicians considered defensive medicine the primary driving force behind rising healthcare costs—the result of an overly litigious healthcare environment.
Nine out of ten surveyed physicians said they practice defensive medicine, and general estimates predicted an average of 34 percent of overall healthcare costs arise from defensive medicine. A subsequent Gallup poll of physicians found that approximately 73 percent of surveyed physicians admitted to practicing defensive medicine within the past year, but estimated overall costs at only 26 percent. The 2005 JAMA study by researchers from Columbia and Harvard Universities also revealed that for physicians practicing in “high-risk” specialties, these monetary figures may be much higher; 59 percent of the physicians surveyed admitted to ordering more diagnostic tests than medically necessary to prevent malpractice litigation. Plus, the physicians avoided caring for high-risk patients, referred patients to other specialists, prescribed more medications than medically necessary and suggested unneeded invasive procedures—all to avoid malpractice lawsuits. Another study by the American Academy of Orthopedic Surgeons discovered that defensive medicine accounts for a startling 20 percent of all imaging orders, and half of these imaging orders were for expensive MRIs.
Why the Disparities?
So why is the Budget Office’s number so low when the Jackson Healthcare survey is so high? Because physicians aren’t regularly logging every single expenditure arising from defensive medicine, and no one is entirely sure what even qualifies as “defensive,” quantifying the costs with exact accuracy is nearly impossible. The great differences in estimated costs, however, is likely due to the particular expenditures included in the figures for defensive medicine. For instance, the CBO’s low estimate of $35 billion includes “malpractice insurance premiums together with settlements, awards and administrative costs not covered by insurance,” but does not include unnecessary procedures, medications and other services, so long as they are covered by insurance. This difference in accounting is more than enough to explain the disparity.
The Jackson Healthcare survey adds a myriad of other direct and indirect costs to the CBO’s numbers, including all the excessive diagnostic testing and medical services provided in the spirit of defensive medicine. The survey results then translate the percentages into dollar amounts using the calculations of estimated overall U.S. healthcare spending released by the Centers for Medicare and Medicaid Services. Thus, this number includes more items than the CBO’s report, and bases its numbers on another estimate.
With healthcare costs rising rapidly in the United States, combined with increasing tort reform and malpractice fears, defensive medicine is becoming a more and more expensive slice of the healthcare-cost pie. Regardless of the actual monetary amount, defensive medicine practices strain not only Medicare and Medicaid, but also the insured and uninsured healthcare consumer alike, contributing to increasing prices for medical services and greater costs to insurance companies. Unless something is done to relieve the legal pressures placed on physicians, defensive medicine will continue to generate billions of dollars in healthcare expenditures every year.
Brittany is a blogger-in-residence at PhDs.org
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Healthy Snacks: Sensible Snacking for 9 to 5’ers
BRAKE FOR BREAKFAST – Even though mornings may leave you sprinting for the door, taking time to eat breakfast has been shown to decrease unhealthy snacking and overeating later in the day. If you try to get as much sleep as you can, therefore creating the habit of “I don’t have time to eat breakfast”, why not keep some healthy items in the office? Foods like oatmeal and walnuts, natural peanut butter on whole wheat toast, or low fat cottage cheese and fruit are easy to prepare and store. If you go to work hungry you may be surrounded by unhealthy options, which increases the chance you will eat those unhealthy options. On another note, if you are one to say “I’m never hungry in the mornings” – the only reason for this would be if you overate the evening before. It is in your own best interest to trust the research about the benefits of breaking your nighttime fast and beginning your day with ‘food fuel’ for your brain!
PLAN AHEAD – Preparation is the key to healthy workplace munching and integral to helping you make successful food choices for both mealtime and snack-time. You know you are going to be hungry, so plan for it. Instead of running to the fast-food outlet across the street or relying on the junk foods brought in by coworkers, make a plan to have healthy foods available for your meals and snacks. It is too easy to get into trouble when we wait to look for something to eat when we are already hungry.
If you think you are too busy to pack snacks daily, pack once, eat for five days. In other words, pack up a bag of snacks for the week to take to work with you on Monday. Most offices have a refrigerator and a toaster oven or microwave, so use them.
HEALTHY DESK DRAWER SNACK IDEAS
Whole wheat fig bars
Individual servings of fruit
Raw almonds, walnuts, peanuts – ¼ cup
Dried fruit and nuts – limit to ¼ cup each
Instant soup cups – low salt variety
Plain granola bars (no mix-ins/candy)
Fresh, crisp vegetables in a baggie
Natural peanut butter on WW crackers
Whole wheat crackers and hummus
Nonfat yogurt with ground flaxseed
High-protein, high-fiber snack bars
Apple and low-fat string cheese
Oatmeal in a baggie (not instant)
Hard boiled egg and fresh fruit
Whole grain pretzels
Healthy, homemade muffins
Baked potato and tortilla chips
Single-serving pouches of tuna
Snacking should be purposeful. Snack to avoid overeating at meals and to keep your metabolism working along with you during the day. Appropriate and strategic snacking can help bridge the hunger gap between meals and keep you better focused, more productive and help with health and weight goals.
Brooke Douglas is a registered dietitian who contributes an article to this health blog on the first of every month. Have you had a ‘Nutrition Checkup’? You know who your doctor is. But who is your Registered Dietitian (RD)? If you would like to meet with a registered dietitian and schedule your ‘nutrition check-up’, contact Brooke Douglas, RD by logging on to her website at www.NutritionAuthority.com or call Brooke at 253.227.8284.
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Healthy Fruits – Healthy Vegetables. Brooke Douglas Tells it All
How to Eat Healthy on Vacation
Inflammation and Diet: Inflammatory and Anti-inflammatory Foods