Some doctors really have done a brain washing flim-flam on this one. Let me start by stating unequivocally that unnecessary tests are by definition not malpractice, if not performed. In fact charging for unnecessary tests is malpractice. When my doctor charges me for a pregnancy test because my stomach hurts or checks my wife for prostate cancer than charges his customary fortune, exactly who gets the benefit for this? Follow the buck – lawyers don’t get paid for these bogus tests, but it’s easy and very convenient to blame them for this fiasco.
Malpractice claims are without doubt the most difficult to pursue. I must turn down 10 or more for every one I take. Malpractice occurs all the time but most cases are not big enough to justify the investment of time and money by the attorney. The cases you hear about that bring a fortune typically involve the most grossly negligent acts, like cutting off the wrong leg. Can you imagine the medical cost involved when they cut off the one good leg you have left? It’s hard to feel sorry for the doctor but it’s convenient for the doctor to blame the lawyer who pursued the case – they are a good whipping boy. Half the people involved in any given case lose and they hate the lawyer who beat them. Lots of cases – lots of haters.
I would like to know exactly what test these poor misguided doctors are performing that aren’t necessary, and why they aren’t being pursued for Medicaid or insurance fraud.