“Medical malpractice, intended to help patients, may well do more harm than good.” says Vicki Rackner, MD, president of Medical Bridges, a company that helps people become more active participants in their health care. “Medical malpractice, intended to enhance patient safety, may paradoxically create an unsafe environment and compromise patients’ care.”

Dr. Rackner says, “The very foundation of the health care system is the doctor-patient relationship. Despite the vast technologic advances, the most powerful intervention we have is still this trusting, caring partnership. Forces that nurture collaboration between members of the health care team support quality care,” she said. “Whereas, forces that fuel adversity, like the threat of medical malpractice, increase the risk of bad outcomes for the patient. “

Medical safety is a huge problem. Preventable medical errors, the eighth leading cause of death in the US, kill more patients than breast cancer or AIDS or car accidents each year. Errors occur because health care is complex, it’s delivered by people, and people make mistakes. Building a safer system that avoids errors is the most prudent solution, Dr. Rackner says.

The costs of medical malpractice are staggering. First there’s the cost of the practice of “defensive medicine,” which is care provided not to serve the patients, but rather to protect the doctor from lawsuits. This JAMA study describes the scope of the practice. The biggest cost is the erosion of the trusting relationship between doctors and patients, who come to view each other with suspicion. The best way to get safe, quality health care is for patients, doctors and other health care providers to listen to each other and work together as a team.

Every participant in the health care system wants the same thing: quality health care that restores optimal health. We have much more effective paths than medical malpractice lawsuits. It means getting back to basics.

Vicki Rackner M.D. president of Medical Bridges, is a surgeon who left the operating room to help patients partner more effectively with their doctors. She's a speaker, author and consultant.

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