Table 1 Characteristics of included studies

Barry et al. [28]

Quasi-experimental (simulated scenarios)

47

A video-based decision aid for PSA testing

20-70, M = 50

- Focus group voting results: whether the physician met the standard of care.

- Standard of care met if a shared decision-making process is documented in the patients’ notes: voted by 72% of mock jurors

10/26

- Standard of care met if decision aid used prior to decision-making: voted by 94% of mock jurors

Beckman et al. [27]

Qualitative study

45

NA

20-80

- Reason for litigation;

- Relationship issues identified in 71% of the depositions.

7/10

- Specialties of physicians;

- 68% of all issues identified related to the physician’s failure to communicate clearly and transparently and to consider the patient and family views and preferences

- Type and frequency of relationship issues;

- Who suggested maloccurence.

Merenstein [29]

Case study

1

NA

53

- Causes and outcome of the medical malpractice trial

Dr Merenstein’s residency was found liable for not meeting the standard of care, despite having complied with the principles of shared decision-making, evidence-based medicine and the National guidelines.

6/29

Stapleton et al. [30]

Qualitative study (observation and in depth interviews)

886

Evidence-based leaflets for pregnancy

Not known

- Participants’ views on the use of evidence-based leaflets and its influence on litigation

Health care providers felt that ordering more tests and procedures offered better protection against litigation than promoting evidence-based leaflets and patient preferences.

7/10

Um [31]

Case study

1

NA

33

- Causes and outcome of the medical malpractice trial

An obstetrician who discounted his patient’s wish to undergo amniocentesis testing was found guilty for interfering with the patient’s self-determination, after the plaintiff gave birth to a baby diagnosed with Down’s syndrome.

14/29