Barry et al. [28] |
Quasi-experimental (simulated scenarios) |
47 |
A video-based decision aid for PSA testing |
20-70, M = 50 |
- Focus group voting results: whether the physician met the standard of care. |
- Standard of care met if a shared decision-making process is documented in the patients’ notes: voted by 72% of mock jurors |
10/26 |
- Standard of care met if decision aid used prior to decision-making: voted by 94% of mock jurors |
Beckman et al. [27] |
Qualitative study |
45 |
NA |
20-80 |
- Reason for litigation; |
- Relationship issues identified in 71% of the depositions. |
7/10 |
- Specialties of physicians; |
- 68% of all issues identified related to the physician’s failure to communicate clearly and transparently and to consider the patient and family views and preferences |
- Type and frequency of relationship issues; |
- Who suggested maloccurence. |
Merenstein [29] |
Case study |
1 |
NA |
53 |
- Causes and outcome of the medical malpractice trial |
Dr Merenstein’s residency was found liable for not meeting the standard of care, despite having complied with the principles of shared decision-making, evidence-based medicine and the National guidelines. |
6/29 |
Stapleton et al. [30] |
Qualitative study (observation and in depth interviews) |
886 |
Evidence-based leaflets for pregnancy |
Not known |
- Participants’ views on the use of evidence-based leaflets and its influence on litigation |
Health care providers felt that ordering more tests and procedures offered better protection against litigation than promoting evidence-based leaflets and patient preferences. |
7/10 |
Um [31] |
Case study |
1 |
NA |
33 |
- Causes and outcome of the medical malpractice trial |
An obstetrician who discounted his patient’s wish to undergo amniocentesis testing was found guilty for interfering with the patient’s self-determination, after the plaintiff gave birth to a baby diagnosed with Down’s syndrome. |
14/29 |