Liang BA, Mackey TK. Physician and Juror Assessment of Malpractice Case Scenarios: Does the Legal System Provide an Appropriate Signal to Promote Patient Safety? Bull Health L Policy. 2012;1(1): e6.
Abstract: This study is an empirical assessment of 10 malpractice case scenarios by physicians and laypersons eligible for jury duty. All respondents were found not to have knowledge of the negligence rule of malpractice. However, laypersons concorded significantly more often and better predicted verdicts in these cases compared with physicians. Non-clinical and non-legal characteristics for both physician and layperson respondents were correlated with these results. If these findings can be generalized, the malpractice system may be providing an unclear and even inappropriate signal to physicians, and laypersons may be making malpractice assessments on the basis of factors in addition to or in place of the theoretical legal rule. Hence, other means such as reducing and/or mitigating the effects of medical error may be better suited to promote safety in health care.
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