- Examines the relationship between judicial reasoning and clinical decision-making, emboldening healthcare practitioners to understand the contours of acceptable conduct, while simultaneously allowing them to feel comfortable in patient care management.
- Provides a meaningful understanding of standard of care, practitioner judgement, and other judicial norms such as reasonableness and prudence
- Describes and compares the difference between the way lawyers reason (analogical) and how physicians reason (inductively and deductively)
- Utilizes differences in reasoning to better understand principles of healthcare quality and how to apply those principles to judicial decision making
- Describes standard of care in a definitive way utilizing principles such as justification excuse and anticipation control
A guide for healthcare providers to prudent decision-making that ensures the safety of patients and protects providers from liability. The book is written in a concise, very accessible, and methodical way for both students and practitioners. Examples and cases are provided throughout for classroom discussions and personal reflection. This is a key reference for physicians, medical students, advanced practice professionals, and law students in tort law programs.
From the Preface
…The authors of this book assume that the overwhelming majority of physicians and attorneys aspire to practice ethically, competently, and respectively serve the needs of their patients or clients. The purpose of this book is to move beyond simple stereotypes by engaging the reader in a thoughtful discussion of the challenges that the two disciplines face in establishing norms that lead to fair and just verdicts. In this book, we will discuss the competing functions of courts, the differences in physician and lawyer reasoning, and explore the different aspects of malpractice law that are most relevant to medical students and physicians. As you read this book, we encourage you to think critically and thoughtfully about the material presented. Avoid the temptation to find the right answer for the case illustrations that are provided throughout each chapter. Instead, try to imagine the different perspectives and different ways the story could be told, depending on who is telling it…