Dr Olivia Kates talks about appropriate use of antibiotics during the COVID-19 pandemic.

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.

Medical tourism creates an ethical dilemma for domestic physicians who wish to provide continuity of care but avoid liability in a malpractice suit.

Clinical judgment and experience often trump evidence-based practice guidelines in physicians' medical decision-making process.

Clinical judgment and experience often trump evidence-based practice guidelines in physicians' medical decision-making process.

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.

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.

Lack of ethical, legal, and clinical consensus about best practice sometimes combines with a poor clinical evidence base.

Alternatives to suing could help open communication between injured patients and clinicians.

Using crowdsourced information in health professions education can help motivate critical appraisal, question asking, and evidence evaluation skill development, especially among “digital natives.”