necessary components of medical training and practice at every stage. When faced with a potential medical error, a physician’s initial inclination might be to seek input from colleagues and mentors. However, such conversations are unlikely to occur in protected settings. As a result, not only can they be subject to discovery, but even minor discrepancies in the recollection of the events can be used to challenge the accuracy of documentation and testimony. Therefore, as challenging as it may be, it is advisable to limit discussions about the case to individuals and settings that are protected from discovery by the plaintiff. Digital Communications Given the pervasive presence of technology in our daily lives, we must consider the legal ramifications of digital communications. In numerous court cases, the most compelling evidence often stems from the defendant’s digital communications. Even if messages and emails have been deleted, they can be retrieved through computer forensics and potentially used as admissible evidence in court. It is important to recognize that emails and text messages are written records that can be easily forwarded to unintended recipients. Despite their informal nature, they serve as easily recoverable forms of documentation that will undergo thorough scrutiny by the plaintiff. Important Legal Definitions Civil Case A civil case refers to a non-criminal lawsuit that is typically centered around private property rights and the protection of rights outlined in the Constitution, federal laws, or state laws. Various types of civil lawsuits exist, such as those involving breach of contract, probate, divorce, negligence, and copyright violations, among many others. The initiation of a civil case occurs when an individual or entity (referred to as the plaintiff) alleges that another individual or entity (known as the defendant) has failed to fulfill a legal obligation owed to the plaintiff. Both the plaintiff and the defendant are often referred to as
“parties” or “litigants.” The plaintiff may request the court to compel the defendant to fulfill the obligation, provide compensation for any harm caused, or both. Standard of Care The concept of the standard of care is essential in determining negligence and potential liability. If a person fails to meet the applicable standard of care and their actions result in harm to another person, they may be held accountable for negligence. The standard of care is often based on the reasonable person standard, which evaluates whether an individual acted with the level of care expected of an average person in similar circumstances. In certain situations, the application of this concept is clear-cut. For instance, it would be unreasonable to drive a taxi after taking medication known to cause hallucinations in half of those who take it. Thus, driving under such circumstances would be analogous to a breach of the standard of care. However, in other cases, determining the standard of care can be more challenging. If a medication causes hallucinations in only 1 in 1,000 people, the question of whether a reasonable person would drive under those circumstances may be debatable. In the medical field, the standard of care is often defined as “the level of care, skill, and treatment that is deemed acceptable and appropriate by reasonably prudent healthcare providers, considering all relevant surrounding circumstances”. This definition reflects the expectation that healthcare professionals should provide care at a level consistent with what other reasonably prudent providers would offer in similar situations. Discovery In civil actions, the discovery process refers to what parties use during pre-trial to gather information in preparation for trial. Privilege Legally, certain subject matter is privileged and cannot be requested, subject to disclosure or discovery, or asked about in testimony. Usually, subject matter is considered privileged for public
policy reasons, rather than a fear that information provided will be inaccurate. Conclusion Due to the profound impact of medical events on individuals’ lives, there exists a significant overlap between the fields of medicine and law. Physicians must familiarize themselves with fundamental medicolegal concepts and gain an understanding of the civil-legal process. This knowledge equips them to navigate communications and conversations more effectively, alleviating concerns about inadvertently implicating themselves in a legal context. By being well-informed, physicians can confidently manage these aspects while upholding their professional responsibilities.
Suggested Reading 1 Berry, D. B. (2001). The physician’s guide to medical malpractice. Proceedings (Baylor University Medical Center), 14(1), 109-112. doi:10.1080/08998280.2 001.11927742 2 Charles, S. C., Wilbert, J. R., & Franke, K. J. (1985). Sued and nonsued physicians’ self- reported reactions to malpractice litigation. The American Journal of Psychiatry, 142(4), 437-440. doi:10.1176/ajp.142.4.437 3 Jena, A. B., Seabury, S., Lakdawalla, D., & Chandra, A. (2011). Malpractice risk according to physician specialty. New England Journal of Medicine, 365(7), 629-636. doi:10.1056/ NEJMsa1012370 4 U.S. Code. (n.d.). Title 42—The Public Health and Welfare, Chapter 6A, Subchapter VII, Part C: Patient Safety Improvement. Retrieved June 7, 2023 from https://www.law.cornell.edu/ uscode/text/42/chapter-6A/ subchapter-VII/part-C 5 Vanderpool, D. (2021). The standard of care. Innovations in Clinical Neuroscience, 18(7-9), 50-51.
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