Accuracy and honesty are critical to the patient-doctor relationship, yet studies show that up to 38 percent of patients concealed significant facts when undergoing medical treatment. This lack of truthfulness—whether intentional or unintentional—clearly can have negative consequences, affecting a patient’s health and well-being, see Schwartz, Shelly K., “When Patients Lie to You,” www.PhysiciansPractice.com, 2010.)  Physicians, who need to identify an appropriate course of treatment, assume that patients will be truthful historians when relaying medical history, current symptoms, and complaints. Unfortunately, that is not always the case, and the physician is often blamed for a negative medical outcome.

What are some of the underlying factors that contribute to dishonesty among patients, and how does this deception—whether deliberate or inadvertent—influence the causation and comparative negligence defense strategy for medical malpractice attorneys?

Comparative Negligence