Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt?

27 Pages Posted: 10 Dec 2014

See all articles by Marshall B. Kapp

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Date Written: December 8, 2014

Abstract

This paper is a contribution to the University of Toledo symposium entitled Scalpel to Gavel: Exploring the Modern State of Health Law. It begins with a description of one significant large-scale initiative aimed at encouraging more rational, evidence-based medical practice, namely, the in-progress Choosing Wisely® movement initiated by the American Board of Internal Medicine and Consumer Reports and endorsed by numerous medical specialty organizations. Next is a discussion of legal anxieties as a powerful impediment to physicians’ rationalizing of medicine, and the article concludes by presenting some ideas for responding to the impediment to more rational medicine created by physicians’ litigation and liability-related apprehensions associated with evidence-based medicine changes in the scope and aggressiveness of patient care.

Suggested Citation

Kapp, Marshall, Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt? (December 8, 2014). 46 University of Toledo Law Review (Forthcoming 2015), FSU College of Law, Public Law Research Paper No. 716, Available at SSRN: https://ssrn.com/abstract=2535567

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

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Tallahassee, FL 32311
United States
618-534-1022 (Phone)

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