The forces behind so-called tort reform (more accurately named tort deform) argue that tort reform legislation will save consumers money because doctors will not have to perform what is erroneously called “defensive medicine” (that is, ordering tests so the doctor does not get sued).
A study presented in the prestigious New England Journal of Medicine (October 16, 2014) shows that in three (3) so-called tort reform states, emergency room doctors basically ordered the same tests as before. There was no reduction in costs. Another inference one could reasonably draw from this study is that most doctors probably do not indulge in so-called “defensive medicine” in order not to be sued, but rather most doctors probably order testing for the benefit of their patients.