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.
Cytopathologists frequently interact directly with patients at their bedsides to perform fine needle aspiration procedures. When, if ever, should cytopathologists share preliminary diagnostic impressions directly with patients?
AMA J Ethics. 2016;18(8):779-785. doi:
10.1001/journalofethics.2016.18.8.ecas3-1608.
In treating children with autism, physicians should reframe the common dynamic in which the family wants medication that the doctor is withholding to focus instead on the family’s and physician’s share goal—the patient’s well-being.
AMA J Ethics. 2015;17(4):299-304. doi:
10.1001/journalofethics.2015.17.4.ecas1-1504.
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.
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 case of Johnson v Kokemoor illuminates the conflict between patients’ right to informed consent and clinicians’ need to learn through practice, a conflict that possibly could be resolved through greater transparency about clinicians’ experience or experience-dependent medical fees.