Stanford Physician Advocate

Addressing Medical Malpractice: A Call for Health Care Leaders to Act

The Growing Issue of Medical Malpractice

Addressing Medical Malpractice. There are over one million physicians in the U.S., and no medical intervention is free from risk. Some complications result from unavoidable medical errors, while others stem from unpredictable external factors. As the number of personal injury law firms rises, the intersection between medical errors and the legal system becomes more complex. Approximately 85,000 medical malpractice cases receive attention from these firms every year, contributing to a growing trend of litigation.

The Problem with Legal Standards

This trend, which has been progressing for 50 years, points to a deeper issue: a system biased towards legal standards rather than scientific evidence. “Preponderance of evidence” relies on a 50-50 standard—no more reliable than a coin flip. However, physicians make decisions using the scientific method with a much higher level of confidence—95 percent. The clash between legal and scientific standards undermines professionalism and distorts the process of determining medical errors. Addressing Medical Malpractice

The Need for Evidence-Based Approaches

The legal system often overlooks the nuances doctors face, creating biases that harm both healthcare providers and patients. To address medical malpractice, we must return to the scientific method. Doctors, actuaries, and even lawyers should adopt this evidence-based approach to better distinguish between medical errors and external factors. This ensures the legal and medical fields work in ways that uphold integrity.

Leadership in Health Care: A Call to Action

Health care leaders must lead this reform. If they ignore the scientific method, they are pretenders to leadership. True leaders embrace evidence-based approaches to protect patients and practitioners alike. We all play a role in this system—whether as patients, health care professionals, or legal experts. The time for indifference is over. Health care leaders must step up and demand change, ensuring fairness for all. Addressing Medical Malpractice

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Source: Original article.