The discussion of wastefulness in health care inspired me to do some additional research, because I believe that a big cause of this is fear of litigation, also called defensive medicine. Saks and Landsman (2020) did a systematic literature review of studies on this very topic, with thoughts toward answers to the problem. They found that the idea of defensive medicine poses paradoxes, including the position that removing the litigation threat would lead to worse provider performance (i.e. if there are no consequences, unethical behavior will abound). On the other hand, some people believe that the legal threat produces better provider behavior and therefore better outcomes (Saks and Landsman, 2020).

Which side are you on in this debate and why?

With references please.