Physician responses to the malpractice crisis: From defense to offense

Physicians practice today in the midst of a malpractice crisis that is characterized by limited availability and affordability of liability coverage. The significant psychological stress associated with the threat of lawsuits compounds these financial concerns. In this climate, it is not surprising that physicians seek to reduce liability risk. Traditional methods used to pursue this goal include advocacy and lobbying for reform, practicing defensive medicine, and counter-suing for frivolous suits. In the current crisis, newer and more aggressive physician responses have emerged. These include practicing without liability coverage, conditioning the provision of medical treatment on waivers of the right to sue, and organizing work stoppages.