Search for "medical malpractice" and "unnecessary tests" on the Internet, and most of the results will talk about how fears of being sued for medical malpractice cause doctors to order unnecessary tests, which increases costs to the overall health care system and is a reason why we should have tort reform. Well, it turns out that there is another reason why doctors may order unnecessary tests: it's profitable. Unfortunately, a test that is not helpful to the patient may actually be harmful, and ordering or administering unnecessary tests can itself be a form of medical malpractice.
This issue is a hot topic in Colorado and across the nation. The September issue of Consumer Reports, in an article titled The Business of Healing Arts, cites increasing calls from physicians themselves arguing against the overuse of testing, and even treatment, in cardiac cases where the facts do not support such an approach. We all want our doctors to have access to the latest and best high-tech diagnostic equipment, and to use it whenever necessary. But when doctors and hospitals acquire this equipment, the only way they can recoup their costs is by ordering tests that patients and their insurance companies pay for. The profit motive is there; unfortunately it does not always seem to be subordinate to the Hippocratic Oath.
The Consumer Reports article was cited in a similar report by the National Journal online (Consumers Get Unnecessary Heart Tests: Consumer Reports, August 2, 2011), citing unnecessary testing such as EKGs ($50), Stress Tests ($250), and angiograms ($5,000), not to mention the next step - unnecessary treatment such as angioplasty ($20,000 and up). Here in Colorado, the Denver edition of the Huffington Post reported on the recent fine levied against a provider of CT scans (Heart Check America Hit With Largest Malpractice Fine In Colorado's Radiation Department History, August 8, 2011). Heart Check America was fined $3.2 million by the Colorado Department of Public Health and Environment for performing CT scans that were not ordered by a state-licensed physician.
X-rays and CT scans expose patients to high levels of radiation. Other tests can produce harmful results in other ways. For example, a cardiac stress test can itself induce a heart attack, and radioactive and known carcinogens are often used in conjunction with the test (nuclear stress test). It is true that missing a diagnosis or failing to order a test may be evidence of medical malpractice. But ordering an unnecessary test, whether motivated by profit or the practice of "defensive medicine," also falls below the expected standard of care, and doctors should be held liable for any harm that results. If you believe you have been harmed from unnecessary diagnostic testing or medical treatment, contact the medical malpractice lawyers at Paulsen & Armitage, LLC.
