Defensive Medicine and Defensive Bureaucracy

Defensive medicine has been described as a "bane" for healthcare. It occurs when a medical practitioner performs (or not performs) treatment or procedure to avoid liability, placing second the real needs of patients. Defensive medicine increases the healthcare costs and hinder the efficiency and efficacy of the health Administration. The essay analyses defensive medicine as a form of defensive bureaucracy, pointing out lessons that can be learned from the health care sector about assessment techniques and the role of law facing the problem. The article concludes that the role of law facing this kind of phenomena must be "resized" suggesting focusing on tailored solutions for each sector.