title: Torts to contract? Moving from informed consent to shared decision-making.
abstract: Many claims of medical malpractice arise from a breakdown in communication between physician and patient. As a result, medical decision-making may change from an informed consent model to a shared decision-making strategy. Shared decision-making, a contract derivative, will trigger contract obligations and change the face of medical malpractice from tort to contract.
authors.affiliation: Section of Emergency Medicine, Department of Surgery, Yale University School of Medicine, New Haven, CT, USA.
authors.forename: Edward P
authors.initials: EP
authors.lastname: Monico
authors.forename: Arthur
authors.initials: A
authors.lastname: Calise
authors.forename: Joseph
authors.initials: J
authors.lastname: Calabro
mesh_terms: D003142:Communication; D032982:Contracts; D003657:Decision Making; D019317:Evidence-Based Medicine; D006801:Humans; D007258:Informed Consent; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010358:Patient Participation; D010817:Physician-Patient Relations; D012308:Risk Management