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.
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.
It is the clerkship director's role to advise students labeled gunners when their behavior becomes a problem, but changes in the larger system might help to prevent this behavior from occurring in the first place.
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.
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.