An overview of Maine's pilot program to reduce the practice of defensive medicine in certain specialties by assuring legal protection for doctors who follow particular guidelines and discussion of why it was not used in malpractice litigation.
AMA J Ethics. 2018;13(11):792-795. doi:
10.1001/virtualmentor.2011.13.11.pfor1-1111.
Dr Noah Boton joins Ethics Talk to discuss his article, coauthored with Dr Jeffrey Larnard: “When Should Patients at the End of Life Get Antimicrobials?”
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.
Patients need to be aware that they are fully responsible for disclosing a complete medical history, and physicians may not be liable for damages if they do not comply.
Laura Lin, MBA, JD and Bryan A. Liang, MD, PhD, JD
Physicians are obligated to follow the law regarding HIV reporting and contact notification in the state where they practice while also being sensitive to the impact that disclosure has on individual patients.