Economic Considerations in Treatment Decisions and the Standard of Care in Medical Malpractice Litigation

Writing under the auspices of the American Medical Association's of the General Counsel, Hirshfeld discusses the possible ramifications malpractice litigation of economic pressures on physicians to withhold treatment from patients. Liability is determined by comparing an physician's actions to the prevailing standard of care, which both objective evaluations of medical science and normative values. Many commentators are debating whether the standard of care become less patient-oriented in order to accommodate society's need to costs. Hirshfeld describes the role that physicians can play in the by exercising their influence to preserve the tradition of providing-quality, patient-centered care. They can best do this by clearly the benefits of specific medical services and articulating where science ends and economic considerations begin in treatment decisions. (KIE abstract)