Table 4 Comparison of physician’s explanatory behaviors between the negligent and non-negligent groups concerning physician’s duty to explain
Court decision with respect to a physician’s duty to explain | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Obstetrics and gynecology | Internal medicine | Surgery | |||||||
Negligent | Non-negligent | p-value * | Negligent | Non-negligent | p-value * | Negligent | Non-negligent | p-value * | |
Physician’s explanatory behavior | |||||||||
Purpose of explanation: Explanation to obtain patient’s consent/Othersa | 18/6 | 10/21 | 0.002 | 10/25 | 21/16 | 0.016 | 36/13 | 68/5 | 0.003 |
Issue with physician’s explanation: No explanation/Incorrect or insufficient explanation | 8/16 | 17/14 | 0.112 | 8/27 | 9/28 | 0.884 | 6/43 | 4/69 | 0.159 |
Timing of physician’s explanation: Prior to treatment or surgery/othersb | 12/4 | 11/2 | 0.435 | 11/16 | 20/8 | 0.022 | 35/8 | 64/5 | 0.066 |
Who received physician’s explanation: P patien/Patient and family + Family only | 4/12 | 4/10 | 0.825 | 13/14 | 12/16 | 0.694 | 11/32 | 20/49 | 0.695 |
Manner of physician ’s explanation to patient: Oral only/Oral and other methods | 8/0 | 8/0 | --- | 19/1 | 16/2 | 0.459 | 26/7 | 36/16 | 0.334 |
Manner of physician’s explanation to family: Oral only/Oral and other methods | 12/0 | 9/0 | --- | 13/1 | 15/1 | 0.724 | 25/8 | 33/16 | 0.412 |
Level of physician’s explanation to the patient: Relevant and specific/Not sufficiently relevant or specific | 0/9 | 3/3 | 0.044 | 0/20 | 14/3 | <0.001 | 0/33 | 32/16 | <0.001 |
Level of physician’s explanation to family: Relevant and specific/Not sufficiently relevant or specific | 0/10 | 3/2 | 0.022 | 0/13 | 8/3 | <0.001 | 0/32 | 31/11 | <0.001 |
Location of physician’s explanation: Inpatient ward/Outpatient clinic | 12/12 | 23/8 | 0.064 | 6/29 | 18/19 | 0.005 | 35/14 | 57/16 | 0.403 |
Question from the patient: yes/no | 8/17 | 7/23 | 0.472 | 14/21 | 7/30 | 0.049 | 19/30 | 16/58 | 0.039 |
Consent by the patient: with the patient’s consent/Without the patient’s consent | 10/4 | 7/0 | 0.167 | 4/2 | 13/1 | 0.202 | 26/4 | 50/2 | 0.185 |
Consent by family: With a family’s consent/ Without a family’s consent | 9/2 | 5/0 | 0.458 | 2/0 | 8/2 | 0.682 | 27/1 | 47/5 | 0.659 |
Written consent by the patient: Presence/Absence | 3/8 | 0/2 | 0.577 | 0/3 | 4/3 | 0.167 | 11/8 | 15/6 | 0.370 |
Written consent by family: Presence/Absence | 3/7 | 0/3 | 0.420 | 0/1 | 3/3 | 0.571 | 10/7 | 17/9 | 0.663 |
The day of physician’s explanation: not the same day/the same day | 6/8 | 2/8 | 0.234 | 3/6 | 3/12 | 0.397 | 6/29 | 6/58 | 0.258 |