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https://www.readbyqxmd.com/read/27822936/analysis-of-malpractice-claims-associated-with-surgical-site-infection-in-the-field-of-plastic-surgery
#1
Bo Young Park, Jung Woo Kwon, So Ra Kang, Seung Eun Hong
Postoperative infections are rare after plastic surgery; however, when present, they can affect the aesthetic outcome. Currently, many malpractice lawsuits are associated with surgical site infection. The present study aimed to analyze malpractice claims associated with surgical site infection in the field of plastic surgery through a review of Korean precedents. We analyzed the type of procedure, associated complications, and legal judgment in these cases. Most claimants were women, and claims were most often related to breast surgery...
December 2016: Journal of Korean Medical Science
https://www.readbyqxmd.com/read/27813058/resolving-malpractice-claims-after-tort-reform-experience-in-a-self-insured-texas-public-academic-health-system
#2
William M Sage, Molly Colvard Harding, Eric J Thomas
OBJECTIVE: To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. DATA SOURCES/STUDY SETTING: Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation...
November 4, 2016: Health Services Research
https://www.readbyqxmd.com/read/27806889/forensic-implications-of-changes-in-dsm-5-criteria-for-responses-to-trauma-and-stress
#3
Madelyn Simring Milchman
DSM-5 significantly changed the diagnostic criteria for Posttraumatic Stress Disorder (PTSD) relative to DSM-IV/DSM-IV-TR. These changes do not alter its basic approach to diagnosing mental disorders, which treats each disorder as a separate category. This article analyzes the strengths and weaknesses of the categorical approach, and reviews empirical evidence regarding the impact of changes within it on the ease or difficulty of receiving the PTSD diagnosis. It especially analyzes the impact of newly included symptoms that are meant to identify cases in which trauma exposure was associated with changes in more serious PTSD cases, known as Complex PTSD (C-PTSD)...
October 30, 2016: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/27785434/urethral-catheters-and-medical-malpractice-a-legal-database-review-from-1965-to-2015
#4
Mohannad A Awad, E Charles Osterberg, Helena Chang, Thomas W Gaither, Amjad Alwaal, Ryan Fox, Benjamin N Breyer
BACKGROUND: Urethral catheters (UCs) are commonly used in medicine and are associated with complications such as urinary tract infections (UTIs) and trauma. Given UC complications and their ubiquitous usage in healthcare, there is a potential for liability risk. We aim to explore litigation involving UC-related complications. METHODS: The LexisNexis legal database was queried for all state and federal cases from January 1965 through October 2015 using the terms "urethral catheter" or "Foley catheter" in combination with "medical malpractice", "negligence", "medical error", and "trauma"...
October 2016: Translational Andrology and Urology
https://www.readbyqxmd.com/read/27730397/medical-malpractice-in-bariatric-surgery-a-review-of-140-medicolegal-claims
#5
Asad J Choudhry, Nadeem N Haddad, Matthew Martin, Cornelius A Thiels, Elizabeth B Habermann, Martin D Zielinski
OBJECTIVE: Given the current rate of obesity in the USA, it has been estimated that close to half of the US adult population could be obese by 2030, resulting in greater demand for bariatric procedures. Our objective was to analyze malpractice litigation related to bariatric surgery. METHODS: We conducted a retrospective review of Westlaw (Thompson Reuters) of all bariatric operations that resulted in the filing of a malpractice claim. Each case was reviewed for pertinent medicolegal information related to the procedure, claim, and trial...
October 11, 2016: Journal of Gastrointestinal Surgery: Official Journal of the Society for Surgery of the Alimentary Tract
https://www.readbyqxmd.com/read/27729136/trends-in-medical-malpractice-claims-in-patients-with-cleft-or-craniofacial-abnormalities-in-the-united-states
#6
Rounak B Rawal, Lauren A Kilpatrick, Jeyhan S Wood, Amelia F Drake
OBJECTIVE: To describe medical malpractice trends in patients with cleft and/or craniofacial abnormalities. METHODS AND MATERIALS: A modified Delphi approach was used to gather search terms. Search settings included "all jury verdicts and settlements", with jurisdiction of "all states" and "all federal courts" (by court and circuit). A retrospective review of WestLawNext legal database was conducted. Cases were excluded if they did not have a direct association from the patient's craniofacial anomaly or if they were not related to malpractice...
November 2016: International Journal of Pediatric Otorhinolaryngology
https://www.readbyqxmd.com/read/27715388/medical-malpractice-in-uveitis-a-review-of-clinical-entities-and-outcomes
#7
Ashvini K Reddy, Stephanie B Engelhard, Christopher T Shah, Austin J Sim, Jennifer E Thorne
PURPOSE: To guide risk management in uveitis. METHODS: Retrospective review of malpractice verdicts, rulings, and settlements. RESULTS: The WestLaw® database was reviewed for lawsuits related to uveitis in the United States from 1930-2014. Twenty-five cases met inclusion criteria, and 48% of these were infectious. Overall, 64% of outcomes favored the defendant ophthalmologist. The most common diagnoses were viral retinitis (28%), iritis (12%), syphilis (8%), and toxoplasmosis (8%)...
August 11, 2016: Ocular Immunology and Inflammation
https://www.readbyqxmd.com/read/27594709/the-collapse-of-the-sella-zerbino-gravity-dam
#8
G Petaccia, C G Lai, C Milazzo, L Natale
When a severe flood wave completely filled the Ortiglieto reservoir on August 13, 1935, the 14 m high "Sella Zerbino" secondary dam failed catastrophically causing > 100 casualties. Both of the dams, Sella Zerbino-Zerbino Saddle and Bric Zerbino-Zerbino Peak (Fig. 1) were overtopped but only the Sella Zerbino failed whereas the main barrage did not suffer any damage. The lawsuit that followed this tragic event ended with a full acquittal of the dam's designers since the plaintiff experts succeeded in demonstrating that the collapse was due to an extreme rainfall storm of unpredictable intensity...
August 23, 2016: Engineering Geology
https://www.readbyqxmd.com/read/27584948/malpractice-litigation-in-pediatric-ophthalmology
#9
Stephanie B Engelhard, Megan Collins, Christopher Shah, Austin J Sim, Ashvini K Reddy
Importance: Understanding outcomes of pediatric malpractice litigation allows ophthalmologists to gain insight into how to best care for patients and prevent such litigation. Objectives: To report and analyze the causes and outcomes of ophthalmology medical malpractice litigation involving patients younger than 18 years. Design, Setting, and Participants: The WestLaw database was reviewed from April 1 to 30, 2015, for ophthalmology-related lawsuits, including settlements and trial verdicts, in the United States from January 1, 1930, to December 31, 2014...
September 1, 2016: JAMA Ophthalmology
https://www.readbyqxmd.com/read/27542436/medical-malpractice-in-the-management-of-small-bowel-obstruction-a-33-year-review-of%C3%A2-case-law
#10
Asad J Choudhry, Nadeem N Haddad, Mariela Rivera, David S Morris, Scott P Zietlow, Henry J Schiller, Donald H Jenkins, Naadia M Chowdhury, Martin D Zielinski
BACKGROUND: Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12-16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. METHODS: Using the search terms "medical malpractice" and "small bowel obstruction," we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes...
October 2016: Surgery
https://www.readbyqxmd.com/read/27510887/res-ipsa-loquitor-no-sui-generis-application-to-aesthetic-surgery
#11
Alex de Costa, Chris Lutterodt
The doctrine of res ipsa loquitor can allow a plaintiff to raise an inference of negligence which a defendant is then compelled to refute. However, the doctrine has rarely been applied in clinical negligence contexts because courts have been reluctant to require doctors to refute an inference of responsibility for pathophysiological outcomes. But does that imperative apply equally to aesthetic surgery? A recent case shows that it does.
August 10, 2016: Medico-legal Journal
https://www.readbyqxmd.com/read/27470145/astro-apex-%C3%A2-and-ro-ils%C3%A2-are-applicable-to-medical-malpractice-in-radiation-oncology
#12
Nicholas G Zaorsky, Anthony G Ricco, Thomas M Churilla, Eric M Horwitz, Robert B Den
AIM: To analyze malpractice trials in radiation oncology and assess how ASTRO APEx(®) and RO-ILS™ apply to such cases. METHODS: The Westlaw database was reviewed using PICOS/PRISMA methods. Fisher's exact and Mann-Whitney U tests were used to find factors associated with outcomes. RESULTS: Of 34 cases identified, external beam was used in 26 (77%). The most common factors behind malpractice were excessive toxicity (80%) and lack of informed consent (66%)...
July 29, 2016: Future Oncology
https://www.readbyqxmd.com/read/27378723/malpractice-in-cases-of-pediatric-appendicitis
#13
Veronica F Sullins, Joshua D Rouch, Steven L Lee
Appendicitis is one of the most common diagnoses in children and is frequently the focus of alleged malpractice. Causes for medical malpractice claims and outcomes of disputes in pediatric patients with appendicitis are currently unknown. A retrospective database review of all medical malpractice claims concerning the diagnosis of appendicitis from 1984 to 2013 in pediatric patients was performed. Alleged claims, causes of malpractice, and outcomes were recorded and analyzed. Of the 203 included cases, failure or delays in diagnosing appendicitis are the most common causes of malpractice lawsuits and account for the majority of the largest payments to plaintiffs outcomes...
July 3, 2016: Clinical Pediatrics
https://www.readbyqxmd.com/read/27354678/analysis-of-british-american-tobacco-s-questionable-use-of-privilege-and-protected-document-claims-at-the-guildford-depository
#14
Eric LeGresley, Kelley Lee
BACKGROUND: Tobacco companies have a documented history of attempting to hide information from public scrutiny, including inappropriate privilege claims. The 1998 Minnesota Consent Judgement created two depositories to provide public access to discovered documents. Users raised concerns about the access conditions and ongoing integrity of the Guildford Depository collection operated until 2015 by British American Tobacco (BAT). METHODS: A metadata search of the Legacy Tobacco Documents Library identified inconsistent privilege claims, and duplicates of documents withheld by BAT from public visitors...
June 27, 2016: Tobacco Control
https://www.readbyqxmd.com/read/27342945/-the-concept-of-loss-of-chance-a-major-evolution-in-the-definition-of-damage-or-how-to-prevent-litigation-for-loss-of-chance
#15
T-D Nguyen
The concept of medical error in responsibility litigation was based until the past last years on a necessary direct and definite causal link between fault and injury. In France, since the 1960s and increasingly during the last decade, the idea of loss of chance arose, considered as a new and genuine prejudice (practically, a fixable damage); it became the subject of several legal precedents from the Cour de cassation and the Conseil d'État. Thus, plaintiffs may currently demand a compensation for a loss of chance even though a doubt exists on the causal link between the fault and the observed damage...
July 2016: Cancer Radiothérapie: Journal de la Société Française de Radiothérapie Oncologique
https://www.readbyqxmd.com/read/27323633/regulation-of-australian-medical-professionals-and-national-security-lessons-from-three-case-studies
#16
Thomas Faunce, Michael McKenna, Johanna Rayner, Jazmin Hawes
In recent times, Australia's national security concerns have had controversial impacts on regulation of Australian medical practitioners in areas related to immigration detention. This column explores three recent case studies relevant to this issue. The first involves the enactment of the Australian Border Force Act 2015 (Cth), which has a significant impact on the regulation of medical professionals who work with people in immigration detention. The second involves the decision of the High Court of Australia in Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1 that an amendment to Australian federal legislation justified sending children back to immigration detention centres in Papua New Guinea and Nauru...
March 2016: Journal of Law and Medicine
https://www.readbyqxmd.com/read/27256134/whither-the-improvement-standard-coverage-for-severe-brain-injury-after-jimmo-v-sebelius
#17
Joseph J Fins, Megan S Wright, Claudia Kraft, Alix Rogers, Marina B Romani, Samantha Godwin, Michael R Ulrich
As improvements in neuroscience have enabled a better understanding of disorders of consciousness as well as methods to treat them, a hurdle that has become all too prevalent is the denial of coverage for treatment and rehabilitation services. In 2011, a settlement emerged from a Vermont District Court case, Jimmo v. Sebelius, which was brought to stop the use of an "improvement standard" that required tangible progress over an identifiable period of time for Medicare coverage of services. While the use of this standard can have deleterious effects on those with many chronic conditions, it is especially burdensome for those in the minimally conscious state (MCS), where improvements are unpredictable and often not manifested through repeatable overt behaviors...
March 2016: Journal of Law, Medicine & Ethics: a Journal of the American Society of Law, Medicine & Ethics
https://www.readbyqxmd.com/read/27227275/how-old-is-old-in-allegations-of-age-discrimination-the-limitations-of-existing-law
#18
Richard L Wiener, Katlyn S Farnum
Under Title VII, courts may give a mixed motive instruction allowing jurors to determine that defendants are liable for discrimination if an illegal factor (here: race, color, religion, sex, or national origin) contributed to an adverse decision. Recently, the Supreme Court held that to conclude that an employer discriminated against a worker because of age, the Age Discrimination in Employment Act, unlike Title VII of the Civil Rights Act of 1964, requires "but for" causality, necessitating jurors to find that age was the determinative factor in an employer's adverse decision regarding that worker...
October 2016: Law and Human Behavior
https://www.readbyqxmd.com/read/27169130/controlling-legal-risk-for-effective-hospital-management
#19
Hyun Jun Park, Duk Young Cho, Yong Sug Park, Sun Wook Kim, Jae-Hong Park, Nam Cheol Park
PURPOSE: To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. MATERIALS AND METHODS: This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee...
April 2016: World Journal of Men's Health
https://www.readbyqxmd.com/read/27147416/a-novel-methodology-for-the-objective-ascertainment-of-psychic-and-existential-damage
#20
Santo Davide Ferrara, Viviana Ananian, Eric Baccino, Rafael Boscolo-Berto, Ranieri Domenici, Claudio Hernàndez-Cueto, George Mendelson, Gian Aristide Norelli, Mohammed Ranavaya, Claudio Terranova, Duarte Nuno Vieira, Guido Viel, Enrique Villanueva, Riccardo Zoia, Giuseppe Sartori
Personal injury is a legal term for a physical or psychic injury suffered by the plaintiff under civil and/or tort law. With reference to non-pecuniary damages, the evidence itself of physical and/or psychic injury is not sufficient for damage compensation. The process of ascertaining impairments and/or disabilities which pertain to the "personal sphere" of the individual, such as pain and suffering, loss of amenity, and/or psycho-existential damage, poses particular difficulties in relation to the obtainment of scientific evidence...
September 2016: International Journal of Legal Medicine
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