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Canadian Family Physician logoLink to Canadian Family Physician
. 1989 Jan;35:133–135.

The Patient's Perception of Care: A Factor in Medical Litigation

Orville J Messenger
PMCID: PMC2280427  PMID: 21253276

Abstract

What motivates a patient to sue a physician? Review of Association case files and results of research done by medical insurers in the United States indicate that strong subjective factors play a part. Patients sense an impersonality from technological medicine and look to the physician for concern and compassion. When there is a perceived lack of concern on the part of the medical treatment team, particularly in the face of an unfortunate outcome, the seed is sown for a lawsuit. The author of this article describes cases which show the effect of the patient's perception of care on the decision to commence litigation or lodge complaints. He suggests how similar situations might be dealt with, short of litigation, through more effective patient-physician communication.

Keywords: litigation, patient care

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