The case for patient education: an update on recent court decisions affecting physicians and hospitals

Recent court decisions directly affect providers of patient education. Legal precedents emerging in the 1980s place increased emphasis on the individual patient in terms of the adequacy of information provided, the patient's level of understanding of that information, and the duty to inform patients of the risks of their refusal to undergo any form of treatment. Specific cases are cited, and the implications of the courts' decisions for providers are delineated. Key legal concepts of American law are reviewed as they relate to patient education, offering a framework for providers of patient education to evaluate their programs and activities with respect to assuring quality and reducing the incidence of litigation.