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.
Lee C. Zhao, MD, Gaines Blasdel, Augustus Parker, and Rachel Bluebond-Langner, MD
Tension between realistic goals and unrealistic views about how to achieve them is compounded when patients are eager to revise a prior surgeon’s gender-affirming procedure.
AMA J Ethics. 2023;25(6):E391-397. doi:
10.1001/amajethics.2023.391.
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.