The influence of a physician's use of a diagnostic decision aid on the malpractice verdicts of mock jurors

Med Decis Making. 2008 Mar-Apr;28(2):201-8. doi: 10.1177/0272989X07313280. Epub 2008 Mar 18.

Abstract

Background: Mock jurors were more likely to side with the physician-defendant if he recommended an operation when there were many symptoms and refrained when there were few symptoms compared with a physician who did the converse. The use of a decision aid had no influence on this binary standard-of-care decision. Among those physicians deemed liable by the jurors, defying the aid resulted in heightened punishment compared with heeding it.

Conclusion: . Contrary to many physicians' fears, use of a diagnostic decision aid did not influence the likelihood of an adverse malpractice verdict. Complying with the aid's recommendation provided a measure of protection against jurors' punitiveness for those physicians deemed liable for malpractice.

Publication types

  • Research Support, U.S. Gov't, Non-P.H.S.

MeSH terms

  • Adolescent
  • Adult
  • Age Factors
  • Appendicitis / therapy
  • Decision Support Techniques*
  • Female
  • Humans
  • Judgment*
  • Male
  • Malpractice / legislation & jurisprudence*
  • Middle Aged
  • Physicians / legislation & jurisprudence*
  • Severity of Illness Index
  • Sex Factors
  • Socioeconomic Factors