Beckman, H. B., Markakis, K. M., Suchman, A. L., & Frankel, R. M. (1994). The doctor-patient relationship and malpractice: Lessons from plaintiff depositions. Archives of Internal Medicine, 154(12), 1365-1370.
This study investigated 45 patient depositions to uncover issues that influence decisions about malpractice claims. In 71% of the depositions, problems with the patient-provider relationship were identified that included failing to understand patients' or families' perspectives, delivering information poorly, devaluing patient and/or family views, and desertion.
Boothman, R. C., & Sedman, A. (2005, January). The University of Michigan Model of Transparency and Effects on Litigation. Paper presented a the meeting of the National Association of Children's Hospital and Related Institutions, New Orleans, LA.
Hospital leadership at the University of Michigan Medical Center in Ann Arbor, used the principles of transparency and family-centered care to decrease problems that lead to claims as well as to manage the process of claims. They were able to demonstrate a decrease in number of claims and suits and in claim severity, a decrease in legal expenses by about one-third, and reduced opening to closing time period for claims from over 1100 days to 320 days.
Further information can be found at www.sorryworks.net
Hickson, G. B., Clayton, E. W., Entmann, S. S., et al. (1994). Obstetricians' prior malpractice experience and patients' satisfaction with care. JAMA, 272(20), 1583-1587.
In a statewide study, women who had suffered a loss of their infant (still born or after birth), and a sampling of women with viable infants were interviewed about their perceptions of their obstetrician. Data concerning malpractice claims against their physicians were compiled. It was found that patients of physicians who were sued more frequently reported more complaints about their physicians than women whose physicians had never been sued. Interpersonal issues such as being rushed, not receiving explanations for tests, and feeling ignored were among the most significant complaints. None of the women interviewed sued their physician.
Levinson, W., Roter, D. L. (1997). Physician-patient communication: The relationship with malpractice claims among primary care physicians and surgeons. JAMA, 277(7), 553-559.
In comparison to primary care physicians with claims against them, a study of those with no claims suggest that these physicians spent more time with patients during routine visits, provided more anticipatory guidance, engaged patients more in collaborative discussions, and used humor more often.