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https://www.readbyqxmd.com/read/29765942/malpractice-litigation-in-ocular-oncology
#1
Stephanie B Engelhard, Mary E Aronow, Christopher T Shah, Austin J Sim, Ashvini K Reddy
Aims: The aim of this study was to report and analyze the causes and outcomes of ocular oncology malpractice litigation. Methods: The WestLaw® database was reviewed for all litigation related to ophthalmology in the United States from 1930 to 2014. All ocular oncology cases were included in this analysis and compared to other ophthalmic subspecialties. Results: Sixteen ocular oncology malpractice cases were included in this study. Overall, 56...
April 2018: Ocular Oncology and Pathology
https://www.readbyqxmd.com/read/29758323/why-do-vascular-surgeons-get-sued-analysis-of-claims-and-outcomes-in-malpractice-litigation
#2
John Phair, Eric B Trestman, Eddie Skripochnik, Evan C Lipsitz, Issam Koleilat, Larry A Scher
OBJECTIVE: To analyze causes and outcomes of malpractice claims against vascular surgeons in the United States. METHODS: Cases entered into the Westlaw database from January 1st 1999 to December 31st 2014 were reviewed. Search terms "vascular" and "surgeon" were used. Data was compiled on the allegation, subject matter and outcome of each case. Additional data including demographics of the defendant was obtained from U.S. News Health Reports on practicing physicians...
May 11, 2018: Annals of Vascular Surgery
https://www.readbyqxmd.com/read/29723534/neurologic-injury-predicts-plaintiff-award-in-federal-cardiac-surgery-trials
#3
Dawn S Hui, Katie M Miles, Richard Lee
BACKGROUND: Cardiothoracic surgery is one of the more highly litigated medical specialties. The incidence and outcomes of federal cases related to cardiac surgery have not been previously explored. METHODS: A legal research service was queried for cardiac surgery-related terms. Citations and related documents were reviewed for relevance and case details. Inclusion criteria were federal district court cases involving cardiac operations. Exclusion criteria were rulings on solely procedural matters...
April 30, 2018: Annals of Thoracic Surgery
https://www.readbyqxmd.com/read/29688645/-the-effect-of-claims-about-medical-adverse-events-on-patients-safety
#4
REVIEW
Yaron Niv
In 1999 the Institute of Medicine (ION) declared that "to err in human" and that our goal is not to "blame and shame" but to investigate and establish processes that will prevent future mistakes. Shortage in manpower, physicians and nurses, may cause a disproportional burden of work and increase mistakes and adverse events. The complexity of patients requires a multidisciplinary team with many participants for achieving goals and saving lives. In the last 2 decades there was an exponential increase in the number of medical negligence claims and a similar increase in the sums given to the plaintiffs, in verdicts, mediation or compromises...
April 2018: Harefuah
https://www.readbyqxmd.com/read/29672092/from-meaning-to-money-translating-injury-into-dollars
#5
Valerie P Hans, Rebecca K Helm, Valerie F Reyna
Legal systems often require the translation of qualitative assessments into quantitative judgments, yet the qualitative-to-quantitative conversion is a challenging, understudied process. We conducted an experimental test of predictions from a new theory of juror damage award decision making, examining how 154 lay people engaged in the translation process in recommending money damages for pain and suffering in a personal injury tort case. The experiment varied the presence, size, and meaningfulness of an anchor number to determine how these factors influenced monetary award judgments, perceived difficulty, and subjective meaningfulness of awards...
April 2018: Law and Human Behavior
https://www.readbyqxmd.com/read/29610953/judicial-precedent-based-clinical-practice-guidelines-of-propofol-in-sedative-esthetic-surgery
#6
Duk Hee Lee, Joo Hyun Woo, Seung Eun Hong
BACKGROUND: Propofol is has been widely used for sedation in the field of esthetic surgery because of its favorable pharmacokinetic profile. Propofol sedation-induced side effects are rare. However, when present, they can be serious. The number of malpractice claims associated with propofol sedation has increased in recent years. This study aims to show which procedures lead to the most claims in the field of esthetic surgery through a review of Korean precedents. METHODS: Thirteen precedent cases of propofol sedation in the field of esthetic surgery were collected between 2000 and 2016...
April 2, 2018: Aesthetic Plastic Surgery
https://www.readbyqxmd.com/read/29595675/a-12-year-analysis-of-closed-medical-malpractice-claims-of-the-taiwan-civil-court-a-retrospective-study
#7
Chi-Yuan Hwang, Chien-Hung Wu, Fu-Cheng Cheng, Yung-Lin Yen, Kuan-Han Wu
Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claims. The aim of this study was to examine the epidemiologic factors related to medical malpractice claims, identify specialties at high risk of such claims, and determine clinical which errors tend to lead to medical malpractice lawsuits, by analyzing closed malpractice claims in the civil courts of Taiwan...
March 2018: Medicine (Baltimore)
https://www.readbyqxmd.com/read/29551402/systematic-review-of-professional-liability-when-prescribing-beta-lactams-for-patients-with-a-known-penicillin-allergy
#8
REVIEW
Meghan N Jeffres, Elizabeth A Hall-Lipsy, S Travis King, John D Cleary
OBJECTIVE: To describe medical negligence and malpractice cases in which a patient with a known penicillin allergy received a beta-lactam and experienced an adverse reaction related to the beta-lactam. DATA SOURCES: Lexis-Nexus, Westlaw, and Google Scholar were searched. STUDY SELECTIONS: Medical negligence and malpractice cases were eligible for inclusion if they met the following criteria: the plaintiff had a known penicillin allergy, received a beta-lactam, and experienced an adverse event...
March 15, 2018: Annals of Allergy, Asthma & Immunology
https://www.readbyqxmd.com/read/29529876/litigation-following-carpal-tunnel-release
#9
Nishant Ganesh Kumar, Nicholas Hricz, Brian C Drolet
BACKGROUND: Carpal tunnel release (CTR) is the most common hand surgery operation performed in the United States. While serious complications are rare, they can be life-altering to patients. In some cases, patients will pursue malpractice claims against the surgeon. This study aimed to understand the patient, procedure, and surgeon factors involved in CTR malpractice litigation. METHODS: The Westlaw legal database was queried for all recorded CTR malpractice cases resulting in jury verdicts and settlements...
March 1, 2018: Hand: Official Journal of the American Association for Hand Surgery
https://www.readbyqxmd.com/read/29526534/inferior-vena-cava-filter-malpractice-litigation-damned-if-you-do-damned-if-you-don-t
#10
John Phair, John Denesopolis, Evan C Lipsitz, Larry Scher
BACKGROUND: The aim of this study was to analyze malpractice litigation trends and to better understand the causes and outcomes of suits involving inferior vena cava filters (IVCF) to prevent future litigation and improve physician education. METHODS: Jury verdict reviews from the Westlaw database from January 1, 2000, to December 31, 2015, were reviewed. The search term "inferior vena cava filter" was used to compile data on the demographics of the defendant, plaintiff, allegation, complication, and verdict...
March 8, 2018: Annals of Vascular Surgery
https://www.readbyqxmd.com/read/29520344/analysis-of-lawsuit-cases-in-the-department-of-surgery-in-korea
#11
Ji Yun Jung, So Yoon Kim, Dong Gyu Kim, Choong Bai Kim, Kyong-Choun Chi, Won Kyung Kang, Won Lee
Purpose: The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods: A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion...
March 2018: Annals of Surgical Treatment and Research
https://www.readbyqxmd.com/read/29479481/can-civil-lawsuits-stem-the-tide-of-direct-to-consumer-marketing-of-unproven-stem-cell-interventions
#12
REVIEW
Claire Horner, Evelyn Tenenbaum, Douglas Sipp, Zubin Master
The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices...
2018: NPJ Regenerative Medicine
https://www.readbyqxmd.com/read/29451461/with-trump-contraception-rules-parties-trade-places-in-courtroom
#13
Richard Mark Kirkner
The defendants and plaintiffs have changed sides in the latest courtroom drama surrounding the ACA requirement that health plans cover women's contraception. Where once the plaintiffs took exception on religious and moral grounds, it's now states and reproductive rights groups who support the requirements that are bringing the legal challenges.
February 2018: Managed Care
https://www.readbyqxmd.com/read/29441736/the-legal-doctrine-on-the-liability-of-physicians-in-medical-malpractice-lawsuits-involving-complex-regional-pain-syndrome
#14
SuHwan Shin, Seung Gyeong Jang, KyeongTae Min, Won Lee, So Yoon Kim
BACKGROUND: Complex regional pain syndrome (CRPS) involves severe pain and it is difficult to identify the exact cause or pathogenesis. Therefore, there are controversies regarding legal issues related to the establishment of damage in medical malpractice lawsuits involving CRPS. This study aimed to analyze malpractice lawsuits involving CRPS, which occurred after the disputed medical treatment, to provide information on the courts' opinion and characteristics of the cases. METHODS: This study analyzed 23 lawsuit judgments involving CRPS that were sentenced from 2005 to 2015...
February 26, 2018: Journal of Korean Medical Science
https://www.readbyqxmd.com/read/29419553/malpractice-litigation-in-cornea-and-refractive-surgery-a-review-of-the-westlaw-database
#15
Stephanie B Engelhard, Christopher T Shah, Austin J Sim, Ashvini K Reddy
PURPOSE: To report and analyze the causes and outcomes of malpractice litigation in cornea and refractive surgery. METHODS: The WestLaw database was reviewed for all malpractice litigation related to ophthalmology in the United States between 1930 and 2014. Search terms included ophthalmology or ophthalmologist and malpractice anywhere in the retrieved results. All cases involving cornea and refractive surgery were included in this analysis, and results were compared with ophthalmology as a whole...
May 2018: Cornea
https://www.readbyqxmd.com/read/29373418/litigation-in-perinatal-care-the-deposition-process
#16
Lisa A Miller
Litigation in perinatal nursing represents a disproportionate share of indemnity payouts and results in excessive psychological stress. Testimony at deposition or trial can be challenging for clinicians; little is taught in training or postgraduate education regarding litigation. Nurses, midwives, and physicians can effectively navigate the deposition process and prepare for trial testimony by understanding the plaintiff's goals, recognizing the role of documentation, and becoming familiar with various plaintiff's strategies including reptile theory...
January 2018: Journal of Perinatal & Neonatal Nursing
https://www.readbyqxmd.com/read/29319432/defining-sexuality-through-the-courts-in-california-s-proposition-8
#17
Alexa DeGagne
This article provides a discourse analysis of the three major cases-Perry v. Schwarzenegger, the later Perry v. Brown (2012), and Hollingsworth et al. v. Perry et al. (2013)-against California's Proposition 8, which banned same-sex marriage in the state constitution. Based on analysis of the briefs, transcripts, and decisions from the proceedings, this article discerns how the discourses that were deployed during the Proposition 8 campaigns from 2008-2013 were filtered through the court system. The article looks at how both sides defined sexuality in making the case that homosexuals are or are not an identifiable suspect class in need of the rights and protections of marriage...
January 10, 2018: Journal of Homosexuality
https://www.readbyqxmd.com/read/29236272/medical-malpractice-and-transoral-robotic-surgery-evaluation-and-some-preemptive-thoughts
#18
Daniel D Lydiatt, Ryan Sewell
Medical malpractice is costly and disruptive, and it is important to prevent. We conducted a study with the objective to look at medical malpractice in robotic surgery overall, to evaluate reasons for litigation, and to comment on possible strategies to avoid litigation with transoral robotic surgery. We used the Westlaw computerized database to identify all state and federal verdict summaries in medical malpractice cases. We found 17 cases alleging malpractice that involved the use of robotic surgery. In all, the plaintiffs in 6 cases (35%) contended that an open rather than a robotic approach should have been used, 5 (29%) alleged negligent credentialing, 4 (24%) alleged training deficiencies, 2 (12%) alleged manufacturing problems, and 1 (6%) charged that robotic surgery should have been performed instead of open surgery (1 case involved two of these allegations)...
December 2017: Ear, Nose, & Throat Journal
https://www.readbyqxmd.com/read/29215494/descriptive-analysis-of-state-and-federal-spine-surgery-malpractice-litigation-in-the-united-states
#19
Nitin Agarwal, Raghav Gupta, Prateek Agarwal, Pravin Matthew, Richard Wolferz, Aakash Shah, Nimer Adeeb, Arpan V Prabhu, Adam S Kanter, David O Okonkwo, D Kojo Hamilton
STUDY DESIGN: Retrospective Review OBJECTIVE.: This study aimed to determine the factors associated with malpractice litigation in cases involving spine surgery in the United States. SUMMARY OF BACKGROUND DATA: Medical malpractice is of substantial interest to the medical community due to concerns of increased healthcare costs and medical decision-making for the sole purpose of reducing legal liability. METHODS: The Westlaw online legal database (Thomson Reuters, New York, NY) was searched for verdict and settlement reports pertaining to spine surgery from 2010 to 2015...
December 5, 2017: Spine
https://www.readbyqxmd.com/read/29214284/characteristics-of-medical-liability-claims-against-dermatologists-from-1991-through-2015
#20
Heather Kornmehl, Sanminder Singh, Brandon L Adler, Alexander E Wolf, Dean A Bochner, April W Armstrong
Importance: Recognizing malpractice trends in the field of dermatology is important for establishing safeguards for patient care and minimizing liability. However, there is a lack of published data on malpractice claims against dermatologists. Objective: To determine characteristics of medical professional liability claims in the field of dermatology and to compare these claims with those against all physicians. Design, Setting, and Participants: We examined malpractice liability data collected on dermatologists and other physicians insured by companies that report data to the Physician Insurers Association of America Data Sharing Project (PIAA-DSP), a nationally representative liability claims registry...
February 1, 2018: JAMA Dermatology
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