Just as in other areas of medicine (see chart below), physicians are overwhelmingly successful when sued for unilaterally withholding or withdrawing life-sustaining treatment, they usually cave into surrogate demands for continued treatment that they think non-beneficial, inappropriate, and cruel. Why?
For the same reason that there is so much defensive medicine elsewhere. Because even prevailing parties pay transaction costs. This short study in the Archives of Internal Medicine shows that the mean time for resolution of a non-litigated claim is one year. The mean time for resolution of a litigated claim is two years. During all this time, physician defendants pay in terms of lose practice time, stress, and reputational damage.
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