I believe it most definitely is Pogue. In this country, a women was awarded $1 million dollars because she spilled a cup of McDonalds coffee in her lap and it was deemed by the Jury to be "too hot"...
I can tell you that docs in this country are under a constant spectre of lawsuit and do tailor their practice to order more testing. The common scenario described in court is as follows :
Plaintiffs Attorney : So doctor, when Mrs X came to your office, did you have test Z available at your disposal ?
Doc : Yes
Plaintiffs Attorney : Is test Z easy to perform
Doc : Yes
Plaintiffs Attorney : Would test Z have shown xyz ?
Doc : Yes, but the test wasn't indicated by the exam
Plaintiffs Attorney : Just answer the question doc, would Test Z have shown xyz ?
Doc : Yes
Plaintiffs Attorney : I rest your honour
Now, the point is Pogue that even if you take into account patient risk factors for a specific disease and the physical exam, you get crucified for a bad outcome even if you did everything correctly. A malpractice attorney simply has to convince a lay Jury of twelve that a test existed that could have saved Mrs X. For this reason alone, docs cover their arses by ordering more tests. If there was sensible Tort Reform, there would be limits placed on malpractice payouts and the number of frivolous lawsuits brought to trial. This would cut costs by billions of dollars. When an insurance company pays out, insurance premiums to docs go up. When doc premiums go up, they charge more and so on and so on.