Although poor communication is the root cause of medical malpractice claims, in cases of medical error, apologies reduce litigation and benefit patients.
AMA J Ethics. 2017;19(3):289-295. doi:
10.1001/journalofethics.2017.19.3.hlaw1-1703.
The hospitalist sued in Domby v. Moritz was judged to have met the applicable standard of care for a hospitalist—supervising a patient’s medical care while the patient was in the hospital. Dr. Moritz was not held to the consulting cardiologist’s standard.
Jennifer Aldrich, MD, Jessica Kant, MSW, LICSW, MPH, and Eric Gramszlo
Estelle v Gamble (1976) reiterates that the 8th Amendment to the US Constitution requires adequate care to be offered to all people who are incarcerated.
AMA J Ethics. 2023;25(6):E407-413. doi:
10.1001/amajethics.2023.407.
Volk v DeMeerleer may conflict with professional guidelines regarding physicians’ obligations to breach patient confidentiality to protect third parties.
AMA J Ethics. 2018;20(1):10-18. doi:
10.1001/journalofethics.2018.20.1.peer2-1801.
Requirements for informed consent are relatively vague and the exceptions are few, so it is in the physician’s best interest to inform patients about proposed treatment options, ascertain that they understand their choices, and secure their consent.
The ambiguity about and lack of uniformity in informed consent practices does not lend itself to the kind of shield from malpractice liability that exists in some more concrete, standardizable aspects of medical practice.
Timothy K. Mackey, MAS and Bryan A. Liang, MD, JD, PhD
Studies show that clinical practice guidelines, used by an accused physician or by patients alleging a breach of standard care, have an impact on case outcomes.