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Torts to contract? Moving from informed consent to shared decision-making
Edward P Monico1, Arthur Calise, Joseph Calabro
1Section of Emergency Medicine, Department of Surgery, Yale University School of Medicine, New Haven, CT, USA.
Abstract:
Many claims of medical malpractice arise from a breakdown in communication between physician and patient. As a result, medical decision-making may change from an informed consent model to a shared decision-making strategy. Shared decision-making, a contract derivative, will trigger contract obligations and change the face of medical malpractice from tort to contract.
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