Jackson Healthcare conducted an online survey of physicians from August 31, 2012 to October 31, 2012. The purpose of the survey was to quantify physician attitudes on tort reform, including their opinions on the best solutions.
Invitations for the survey were emailed to physicians who have been placed by Jackson Healthcare staffing companies and those who have not. Respondents were self-selected with 1,548 respondents completing the survey. The error range for this survey at the 95 percent confidence level is +/- 2.5 percent.
- Physicians believe traditional tort reform efforts, including caps on pain and suffering, fail to curb the practice defensive medicine
- Among ideas to reform or replace the medical malpractice system, a no-fault, administrative patients’ compensation system was believed most likely to curb defensive medicine practices
- 75 percent of physicians surveyed said they practice defensive medicine
- 77 percent of physicians said they would increase or not change their defensive medicine practices despite a cap on damages related to pain and suffering
- 77 percent of Texas physicians — a state that enacted a high-profile statute to limit damages for pain and suffering — said they would increase or not change their practice of defensive medicine
- 90 percent of Massachusetts physicians — where the Legislature recently enacted a “Disclosure, Apologize and Offer” law — said they would increase or not change their practice of defensive medicine