I think this falls into the realm of opinion. I certainly feel its a hassle to get doctors to run tests they ought to rather than the other way around.

The doctor isn't responsible for what other doctors choose to do. The consequences of actions are not justified by "oh someone else would have done it anyways, but worse".

As for your opinion that the data reflects most claims are without merit and have the appearance of an attempt to engineer a lottery win, I certainly feel this is not the case from the actual examples you gave. Waking up cut open on a table is certainly a valid complaint and is a situation that can do serious psychological harm.

The numbers can be interpreted in many ways. It could be that 90% of the cases that go to court are being lost because the standard of proof is incredibly high to patient disclaimers, and that proving negligence can be difficult. It could also be that 90% of the cases that go to court are lost because there are too many opportunists who file flimsy cases. This doesn't say most of the cases are flimsy though, maybe the medical insurance companies are smart enough to settle the good cases and only push on the bad ones.

It is incorrect to say there is no opportunism in this area, but its also incorrect to say that because there is some opportunism there are no legitimate cases.

Quote Originally Posted by DuncanONeil View Post
In this age of defensive medicine, where doctors run every possible test for every possibility, the likelihood of a misdiagnosis is small. When all science says there is nothing wrong and the patient essentially demands medication what is a doctor to do? Follow the science, do nothing, allowing the patient to seek a doctor that may have less ethics and prescribes an actual medication from which the patient dies of a side effect?
In the realm of malpractice "claims", many of them have nothing to do with the practice of medicine. The data reflects that most are without merit and have the appearance of an attempt to engineer a lottery win. Most of which goed to the legal community!