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DISCLOSURE RECALL
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PRACTICE POINTS

At best, around 50% of patients will recall any one complication which was disclosed

Factors for additional decrements of recall:

• less educated
• elderly
• cursory reading
• time since disclosure
• emergency treatment 
  
  

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PRACTICE POINTS

The CMPA is primarily concerned with defending reputations and preventing precedents: it has the resources to ignore short term economic expediency

10% annual growth in malpractice litigation has now reached a plateau of 1400 new cases a year

Some meritorious cases are lost because of gross underfinancing

95% of plaintiff successes are achieved by settlement - in 30% of claims filed

The new millenium will favour cooperative adversaries and medical consensus

Defendant physicians now win 4 out of every 5 trials

Critique of defence reports by Evidence Based Medicine may bring about an equitable settlement

The new millenium will favour cooperative adversaries and medical consensus

An initial profile of medical viability is crucial for malpractice litigation success