Free Essay On Defensive Medical Practice

Question one

Apparently, changes that have since taken course in regards to the legal standards of care within the health care system have arguably established clear guidelines for how physicians can avoid liability. The notion above is true owing the fact that legal theory in this area has developed over the preceding years. It has since ascertain clarity and certainty of the laws formulated as it relates to the legal standards (Frakes, 2012). Apparently, the capricious changes in regards to the legal standard of care has made it more clearly for the physicians to define and establish roles and responsibilities within their capacity. Unlike the past where these guidelines were broad and miscellaneous. Considering that the legal standards of care comprehensively outline the legal guidelines, physicians can easily relate with the same to easily avoid liability, unlike the past (Shapiro, et al. 2012).

Question 2

In the recent past, instances of defensive medicine have been reported. In the preceding year: 2014, a patient who had undergone arthroscopic knee surgery complained of pains in his calf a few days after the surgery. The diagnostic examinations that had been undertaken by his physician in the preceding days after his surgery showed no trace of the circular clots in the superficial femoral vein. To ascertain the results, an ultrasound of his leg was done though this was not necessarily crucial. Apparently, it was necessary for the physician to conduct the ultrasound in a bid to execute defensive medicine, owing the fact that traces of the blood clot may have been a possible cause of the pain. Being a potential cause of pulmonary embolism that subsequently causes death in critical conditions (Sethi, et al. 2012), it was necessary for the physician to conduct the test to reduce medical uncertainty.

References

Frakes, M. (2012). Defensive Medicine and Obstetric Practices. Journal of Empirical Legal
Studies, 9(3), 457-481.
Sethi, M. K., Obremskey, W. T., Natividad, H., Mir, H. R., & Jahangir, A. A. (2012). Incidence
And costs of defensive medicine among orthopedic surgeons in the United States: a national survey study. Sports medicine, 421, 35-5.
Shapiro, S. A., McGarity, T. O., Vidargas, N. W., & Goodwin, J. (2012). The Truth About Torts:
Defensive Medicine and the Unsupported Case for Medical Malpractice'Reform'. Center for Progressive Reform White Paper, (1203).