Regis J. Fallon Lecture Series

February 27, 2012: "Legal Solutions for Ensuring Decision Aid Quality"

On Monday, February 27, 2012, Professor Nadia Sawicki, JD, Assistant Professor at the Beazley Institute for Health Law and Policy at Loyola University Chicago, spoke on "Legal Solutions for Ensuring Decision Aid Quality."

As shared decision-making gains greater footing in clinical practice, existing market mechanisms for ensuring decision aid quality are insufficient to protect consumers and some legal involvement will be necessary. As a preliminary matter, policymakers should prioritize the creation of a regulatory regime for the creation and use of decision support tools. However, policymakers should also consider the benefits of a supplemental compensatory regime that can provide remedies to patients who are nevertheless harmed by faulty or misleading decision aids. Should creators of faulty decision aids be subject to tort liability, and, if not, what alternative compensatory mechanisms might be available?