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The laws of medical malpractice have historically differed in significant ways from general liability laws. Until the mid-twentieth century, physician liability in the United States was limited to cases in which the doctor and patient had an established professional relationship. In the 1970s, courts and legislatures began carving out exceptions when patients posed an imminent threat to identifiable third parties.
View Article and Find Full Text PDFHow specific is the specificity rule in duty to warn or protect jurisprudence following the Pennsylvania Supreme Court's Maas decision?
J Forensic Sci
January 2025
Department of Psychiatry and Behavioral Neuroscience, Saint Louis University School of Medicine, Saint Louis, Missouri, USA.
Of the various rules establishing a mental health clinician's legal duty to take precautions to protect their patient from harming others, the most common is the specificity rule that limits the protective duty to warn reasonably identifiable victims. The specificity rule is important wherein the main or only specified protective measure is warning the victim. In the last quarter century, Pennsylvania adopted the specificity rule from its Supreme Court Emerich decision.
View Article and Find Full Text PDFInformed Consent and the Duty to Warn: More than the Mere Provision of Information.
J Law Med
June 2024
General and Acute Care Medicine Advanced Trainee/Geriatric Medicine Advanced Trainee.
Before providing any form of medical treatment, medical practitioners are generally required to discharge their duty to warn. It is argued in this article that the duty to warn, at least as it relates to frail and elderly patients, requires the principles of shared decision-making to be adopted. Doing so will ensure a comprehensive biopsychosocial understanding of the patient and assist in identifying material risks that may not be readily apparent.
View Article and Find Full Text PDFDementia, Driving, and the Duty to Warn.
JAMA Netw Open
April 2024
Department of Medicine, University of Toronto, Toronto, Ontario, Canada.
Review article: Patients who leave before care is completed: What does the legal duty to warn mean for emergency department clinicians?
Emerg Med Australas
June 2024
Joseph Epstein Centre for Emergency Medicine Research at Western Health, Sunshine Hospital, Melbourne, Victoria, Australia.
Patients leave ED for a variety of reasons and at all stages of care. In Australian law, clinicians and health services owe a duty of care to people presenting to the ED for care, even if they have not yet entered a treatment space. There is also a positive duty to warn patients of material risks associated with their condition, proposed treatment(s), reasonable alternative treatment options and the likely effect of their healthcare decisions, including refusing treatment.
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