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PubMed2003

The importance of effective communication in preventing litigation.

Good communication in all aspects of medical practice is essential. Effective communication with your patient not only enables you to take an accurate history but also helps the patient to understand their illness and no doubt assists the healing process. Communication with other health professionals allows the team approach to healthcare to succeed. It reduces the chances of a breakdown in continuity of care, builds relationships and understanding between different disciplines and specialties and helps professionals to learn from each other. In the medico-legal field poor communication is the underlying problem in the most of cases that MPS deals with. The majority of negligence cases are not related to the clinical quality of care but are triggered by inadequate communication. A breakdown in the doctor-patient often occurs before the incident that leads to a claim. It is as if the patient is just waiting for their moment to sue. In a busy clinic or GP surgery it is often easy to forget the human needs of the patient and concentrate on their medical needs. First impressions are vital not just with the doctor but also with other staff and even the clinic or hospital itself. During the consultation careful listening, giving sincere empathy early in the consultation and an expression of understanding of their concerns will go a long way to instill confidence in the patient and reduce the likelihood of a complaint should things go wrong.

Communication↗
PubMed2003

Causality and collateral estoppel: process and content of recent SSRI litigation.

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--via the application of collateral estoppel--to a case involving an individual's suicide while prescribed Paxil. This article summarizes these two cases, as reflected in court documents, and comments on limitations of common causality assertions.

Causality↗