Doctors' legal anxiety drives testing, referrals. (83% Don't Trust Justice System).

WASHINGTON -- Physicians are running scared from a legal system they no longer trust.

A Harris Interactive poll of 300 physicians showed that 83% didn't trust the current system of justice to achieve a "reasonable result" if sued. Also, 79% of the physicians surveyed said they were ordering more tests, 74% were referring patients to specialists more often, and 51% were suggesting invasive procedures such as biopsies to confirm diagnoses.

The poll was released at a press briefing on liability and patient health sponsored by Common Good, a bipartisan coalition whose goal is to overhaul the nation's lawsuit culture.

"The, system as it stands is a horrible mess," Alex Azar, general counsel for the Department of Health and Human Services said at the briefing. "Pregnant women are now having to drive hours to find ob.gyns. who will take care of them."

In its own survey of the health care system's problems, HHS determined that one-third of all hospitals experienced a 100% or greater increase in liability insurance premiums last year, and one-fourth of hospitals reported either a curtailment or complete discontinuation of a service as a result of growing liability expenses. The report also contained documented accounts of physicians who were forced to close their practices or services because of the malpractice crisis.

The "aura of legal anxiety" is having a particular effect on end of life care, said Marshall Kapp, J.D., director of geriatric medicine and gerontology at Wright State University in Dayton, Ohio. Litigation fears stem from dealing with angry relatives and the administration of pain management or palliative care. As a result, "the provider often feels on guard and may be less genuine or open, which doesn't improve the relationship with the patient."

Scaring physicians through ...