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.
In a study of New York physicians' compliance with reporting of communicable diseases, surveyed physicians responded better to legal warnings than to requests that explained public health benefits.
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.
Timothy K. Mackey, MAS and Bryan A. Liang, MD, JD, PhD
Studies show that clinical practice guidelines, used by an accused physician or by patients alleging a breach of standard care, have an impact on case outcomes.