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Malpractice risk assessment among different approaches for informed consent.

R L Sato, L G Yamamoto, G G Li

Hawaii Medical Journal

|October 31, 2000

Summary

Hawaii medical malpractice attorneys generally believe full disclosure in informed consent reduces malpractice risk. However, opinions varied in a pediatric emergency case, highlighting the need for case-by-case assessments.

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Area of Science:

Medical Law
Informed Consent
Medical Malpractice

Background:

Hawaii Revised Statutes mandate physicians disclose information necessary for informed consent.
Physicians must disclose what a reasonable person needs to make an informed decision.
This study examines attorney opinions on disclosure and malpractice risk.

Purpose of the Study:

To survey medical malpractice attorneys' opinions on disclosure strategies.
To assess whether full or limited disclosure of alternative treatments lowers malpractice risk.

Main Methods:

Hawaii medical malpractice attorneys reviewed arguments for/against full and limited disclosure.
Attorneys completed surveys after analyzing disclosure statements in two case scenarios.
Case scenarios included a pediatric emergency and an obstetrics case.

Keywords:

Empirical Approach Legal Approach Professional Patient Relationship

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Main Results:

A majority of attorneys believe full disclosure generally leads to less liability.
In an obstetrics case, most attorneys favored full disclosure for lower liability.
In a pediatric emergency case, opinions were divided on disclosure's impact on liability.

Conclusions:

Attorneys overwhelmingly agree full disclosure typically reduces medical legal liability.
Full disclosure was favored in the obstetrics case, but opinions differed in the pediatric case.
Assessing liability risk is complex and should be determined on a case-by-case basis.