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Shared Decision Making in Health CareAchieving evidence-based patient choice$
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Glyn Elwyn, Adrian Edwards, and Rachel Thompson

Print publication date: 2016

Print ISBN-13: 9780198723448

Published to Oxford Scholarship Online: September 2016

DOI: 10.1093/acprof:oso/9780198723448.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 October 2021

Emerging legal issues for providers in the USA

Emerging legal issues for providers in the USA

(p.38) Chapter 7 Emerging legal issues for providers in the USA
Shared Decision Making in Health Care

Benjamin W. Moulton

Thaddeus M. Pope

Oxford University Press

The legal doctrine of informed consent has largely failed to meaningfully empower patients to make medical diagnostic and treatment decisions that match their preferences. As practised, informed consent has become a ‘ritualistic signature’ on a form that does not reflect bidirectional communication between provider and patient about relevant risks, benefits, and alternatives. But change is afoot, especially in the USA. State legislatures have been mandating specific disclosures on health care issues, from end-of-life options to mammography. Moreover, three emerging legislative and regulatory initiatives more directly encourage shared decision making (SDM) by: (1) considering liability protection for using certified patient decision aids (PDAs) as an alternate informed consent process, (2) suggesting payment incentives for practising SDM, and (3) postulating the expansion of liability for failing to practise SDM.

Keywords:   Certified decision aid, decisional regret, informed consent, False Claims Act, mandated disclosure, medical malpractice, negligence, patient decision aid, shared decision making

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