Language

Working at the intersection of law and medicine, I've begun to pay more attention to language. I guess, more than anything, it began with me stepping back and listening to myself, as well as others. In addition, reading of others' experiences with language has been eye-opening. For instance, I read of a physician who spoke of being served with a medical malpractice complaint that alleged that he had acted "without due care, negligently, carelessly, and recklessly" in his care of a patient. I've heard attoneys say in response that that is just standard languge in a complaint, almost suggesting that it shouldn't be taken personally. That is "standard" language, in my experience, but does that excuse it? Shouldn't we be more careful in the words we use, words that are so hurtful and over-the-top? It seems that more respectful language might be more likely to create the opportunity for more openeness and discussions between the parties. It is likely that respectful language would create far less acrimony and anger. Even in litigation, there is opportunity for the humanity of all of us to be evident. This is not to suggest that the injured party doesn't have the right to be angry, disappointed or mistrustful, just that there is gentler language that could be used, language that supports respect and the possibility for connection.

Just to mention other language that may be transformational and, perhaps, more descriptive of processes that we hope for and values we espouse, including:

"Informed Patient Choice", rather than "informed consent": choice is active, suggesting full explanation, understanding and partnership between patient and physician, rather than consent, which is passive, suggesting physician makes decisions and patient consents (see earlier post);

"Continuing informed patient choice" or "continuing conversation and explanation", rather than "disclosure", which suggests healthcare provider choice in whether to provide necessary information to patients; it suggests choice, perhaps withholding, followed by conscious decision to "disclose" information; and

Physician as "provider" and patient as "consumer", suggesting powerful one giving and the helpless one receiving. I've read that "practitioner" has begun to be substituted for "provider" in some settings.

Some of the many language issues I'm thinking about in law and medicine.