Listening and talking to patients. A remedy for malpractice suits?

This study evaluates the hypothesis that the way physicians communicate with patients and the degree patients perceive physician fault for bad medical outcomes are risk factors for the initiation of malpractice lawsuits. The study involved 160 adults who viewed a videotape of a physician treating a patient while using either positive or negative communication behaviors. Participants were told that the case had either a positive result, a bad result through no fault of the physician, a bad result for uncertain reasons, or a bad result that was the physician's fault. Participants then rated their litigious feelings. Results showed that the use of negative communication behaviors by the physician increased litigious intentions. An increased perception of physician fault for the bad result also increased litigious intentions. Uncertainty as to the reason for the bad outcome, however, raised litigious feelings nearly as much as did perceived physician fault. The results of the study support the hypothesis that altering the way physicians communicate and improving patient education can affect the risk of malpractice lawsuits.