Clinical Ethics and Risk of Malpractice Liability

AbstractToday, most clinicians in the United States have a significant exposure to the possibility of malpractice lawsuits. Malpractice suits can be filed with a low threshold for any reason, regardless of the legal merits of the litigation. However, this causes anxiety for the clinician, may alter clinical practices, and adds significant costs to an already burdened healthcare system. The history of medical malpractice in the United States starting in the 1840s provides valuable lessons in preventing a similar path for clinical ethicists. Some clinical ethicists currently propose a need for liability insurance. This article addresses how medical malpractice differs from that of clinical ethics consultations and argues that there is no need for malpractice insurance for clinical ethicists.