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.
Deborah M. Eng, MS, MA and Scott J. Schweikart, JD, MBE
A just culture perspective suggests that punitive responses to those who err should be reserved for those who have willfully and irremediably caused harm.
AMA J Ethics. 2020;22(9):E779-783. doi:
10.1001/amajethics.2020.779.
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.
Physicians have a professional obligation and, in many states, a legal duty to report drivers whose functional or cognitive impairments may pose a safety hazard.
Language barriers that affect medical care may have legal consequences. The areas of legal concern for doctors are medical malpractice, informed consent, duty to warn, and patients' privacy rights.
I’m sorry laws, enacted in the majority of states, encourage physicians to apologize for unexpected outcomes and errors by making such apologies inadmissible in civil court to prove liability.
Medical malpractice pits the legal system's ethics of client advocacy against the medical profession's ethics of patient advocacy. Fear of liability may lead to defensive medicine, an aberration of both professions' intent.