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https://www.readbyqxmd.com/read/29319432/defining-sexuality-through-the-courts-in-california-s-proposition-8
#1
Alexa DeGagne
This paper provides a discourse analysis of the three major cases Perry v. Schwarzenegger (later Perry v. Brown (2012), 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 paper discerns how the discourses that were deployed during the Proposition 8 campaigns from 2008-2013 were filtered through the court system. The paper looks at how both sides defined sexuality in making the case that homosexuals are or are not an identifiable suspect class who are 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
#2
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
#3
Nitin Agarwal, Raghav Gupta, Prateek Agarwal, Pravin Matthew, Richard Wolferz Jr, 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
#4
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...
December 6, 2017: JAMA Dermatology
https://www.readbyqxmd.com/read/29201926/factors-associated-with-physician-loss-in-anterior-cruciate-ligament-reconstruction-malpractice-lawsuits
#5
Steven L Bokshan, Roy Ruttiman, Adam E M Eltorai, J Mason DePasse, Alan H Daniels, Brett D Owens
Background: Anterior cruciate ligament (ACL) reconstruction is among the most common orthopaedic procedures, with its incidence doubling over the past decade. To date, no studies have analyzed litigation after ACL reconstruction. Purpose: To characterize the causes of malpractice litigation after ACL reconstruction. Study Design: Cross-sectional study. Methods: A retrospective review of malpractice lawsuits after ACL reconstruction was performed using VerdictSearch, a large legal claims database encompassing nearly 180,000 legal cases, from February 1988 to May 2015...
November 2017: Orthopaedic Journal of Sports Medicine
https://www.readbyqxmd.com/read/29200173/medical-malpractice-claims-following-incidental-durotomy-due-to-spinal-surgery
#6
Wesley M Durand, Adam E M Eltorai, Govind Shantharam, J Mason DePasse, Eren O Kuris, Alicia E Hersey, Mark A Palumbo, Alan H Daniels
STUDY DESIGN: Retrospective cohort study. OBJECTIVE: Analyze medical malpractice verdicts and settlements associated with incidental durotomy. SUMMARY OF BACKGROUND DATA: Incidental durotomy is a common complication of spine surgery. While most intraoperative dural tears are repaired without sequelae, persistent CSF leak, infection, or neurological injury can yield adverse outcomes. The medicolegal implications of incidental durotomy are poorly understood...
December 4, 2017: Spine
https://www.readbyqxmd.com/read/29158092/medical-malpractice-in-neurosurgery-a-comprehensive-analysis
#7
Ranjit Thomas, Raghav Gupta, Christoph J Griessenauer, Justin M Moore, Nimer Adeeb, Rouzbeh Motiei-Langroudi, Bryan Guidal, Nitin Agarwal, Ron L Alterman, Robert M Friedlander, Christopher S Ogilvy, Ajith J Thomas
INTRODUCTION: Neurosurgeons face the highest probability of facing a medical malpractice claim of any specialist. Here, we perform the first specialty-wide review of malpractice claims in neurosurgery using a well-established, national, online legal database. MATERIALS AND METHODS: The Westlaw (Thomson Reuters, New York) legal service was queried for jury verdicts and settlements related to neurosurgery and medical malpractice from 1985 to 2015. Case files were examined and factors recorded included the age and sex of the patient, the state and year in which the verdict was reached, defendant specialties, award payouts, and alleged reasons for malpractice...
November 17, 2017: World Neurosurgery
https://www.readbyqxmd.com/read/29130271/the-impact-of-state-medical-malpractice-reform-on-individual-level-health-care-expenditures
#8
Hao Yu, Michael Greenberg, Amelia Haviland
BACKGROUND: Past studies of the impact of state-level medical malpractice reforms on health spending produced mixed findings. Particularly salient is the evidence gap concerning the effect of different types of malpractice reform. This study aims to fill the gap. It extends the literature by examining the general population, not a subgroup or a specific health condition, and controlling for individual-level sociodemographic and health status. METHODS: We merged the Database of State Tort Law Reforms with the Medical Expenditure Panel Survey between 1996 and 2012...
December 2017: Health Services Research
https://www.readbyqxmd.com/read/29108143/medical-malpractice-web-advertising-a-qualitative-cross-sectional-analysis-of-plaintiff-medical-malpractice-firms-in-suffolk-county-massachusetts
#9
Comeron W Ghobadi, Ofelya Gevorgyan, Caroline E Bednarski, Emily L Hayman, Jessica R Walter, Shuai Xu
Medical malpractice plaintiff firms play a central role in the prosecution of malpractice claims. There have been limited studies on the online advertising practices of plaintiff medical malpractice firms. The Martindale-Hubbell directory was used to identify all plaintiff medical malpractice firms in Suffolk County, Massachusetts. Each firm's website was individually mined for relevant data. Thirty-one unique medical malpractice law firms were identified. Seventy-seven percent of law firms advertised awards with the Martindale-Hubbell AV rating, AVVO, and Super Lawyer being the three most common...
2017: Issues in Law & Medicine
https://www.readbyqxmd.com/read/29062461/an-analysis-of-malpractice-litigation-and-expert-witnesses-in-plastic-surgery
#10
Paul J Therattil, Stella Chung, Aditya Sood, Mark S Granick, Edward S Lee
Objective: Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation. Methods: The Westlaw legal database was queried for jury verdict and settlement reports related to plastic surgery cases from 2009 to 2015. Cases were examined for expert witness testimony, procedure performed, alleged injury, cause of action, verdict, and indemnity payments...
2017: Eplasty
https://www.readbyqxmd.com/read/29052704/patients-experiences-with-communication-and-resolution-programs-after-medical-injury
#11
MULTICENTER STUDY
Jennifer Moore, Marie Bismark, Michelle M Mello
Importance: Dissatisfaction with medical malpractice litigation has stimulated interest by health care organizations in developing alternatives to meet patients' needs after medical injury. In communication-and-resolution programs (CRPs), hospitals and liability insurers communicate with patients about adverse events, use investigation findings to improve patient safety, and offer compensation when substandard care caused harm. Despite increasing interest in this approach, little is known about patients' and family members' experiences with CRPs...
November 1, 2017: JAMA Internal Medicine
https://www.readbyqxmd.com/read/28970057/understanding-the-legal-essentials-of-a-bowel-injury-lawsuit-in-minimally-invasive-gynecological-surgery
#12
REVIEW
Paul A Walden, Burak Zeybek, John Y Phelps
Bowel injury is a known inherent complication of minimally invasive gynecological surgery. However, it does not automatically signify medical malpractice. Plaintiff attorneys representing patients seeking legal recourse from their bowel injury typically allege claims of intraoperative negligence, delay in diagnosis, and lack of informed consent in an effort to circumvent the assertion that it is a known inherent complication. Additionally, damage awards in bowel injury lawsuits can easily exceed the amount covered by the policy limits of a medical malpractice insurance plan, leaving the gynecologist financially responsible for the difference...
September 29, 2017: Journal of Minimally Invasive Gynecology
https://www.readbyqxmd.com/read/28931011/individual-versus-group-decision-making-jurors-reliance-on-central-and-peripheral-information-to-evaluate-expert-testimony
#13
Jessica M Salerno, Bette L Bottoms, Liana C Peter-Hagene
To investigate dual-process persuasion theories in the context of group decision making, we studied low and high need-for-cognition (NFC) participants within a mock trial study. Participants considered plaintiff and defense expert scientific testimony that varied in argument strength. All participants heard a cross-examination of the experts focusing on peripheral information (e.g., credentials) about the expert, but half were randomly assigned to also hear central information highlighting flaws in the expert's message (e...
2017: PloS One
https://www.readbyqxmd.com/read/28868502/analysis-of-closed-medical-litigation-in-urology
#14
Su Hwan Shin, So Yoon Kim, Seung Gyeong Jang, Won Lee
PURPOSE: The objective of this study was to provide a descriptive understanding of the characteristics of malpractice litigation related to urology by examining court cases. MATERIALS AND METHODS: A total of 6,074 court cases related to medical malpractice litigation filed between 2005 and 2010 were received from the Lower Courts, the Appellate Courts, and the Supreme Court of Korea. Of the received cases, 34 urology-related civil proceedings were analyzed. The following information was compiled and investigated from the cases: background, age and sex of patient, categorization of the defendant, opinion of the court, amount claimed and awarded in damages, type of medical treatment involved, and negative effects resulting from the medical accident...
September 2017: Investigative and Clinical Urology
https://www.readbyqxmd.com/read/28866953/fake-bad-scale-the-case-of-the-missing-construct-a-response-to-larrabee-%C3%A2-bianchini-boone-and-rohling-2017
#15
David S Nichols
The 'Commentary' of Drs. Larrabee, Bianchini, Boone, and Rohling (this issue) attributes to us a view of the Fake Bad/Symptom Validity Scale (FBS/FBS-r) that is wholly erroneous, a view we do not hold and have never taken. In doing so, the authors have confused the thrust of our article with the assertions made in an earlier article which preceded publication of the FBS. This earlier article held that many physical and cognitive symptoms/complaints observed in personal injury plaintiffs are most parsimoniously understood as manifestations of the stresses that may routinely accompany plaintiffs' involvement in such litigation...
September 2, 2017: Clinical Neuropsychologist
https://www.readbyqxmd.com/read/28854303/medical-malpractice-lawsuits-involving-surgical-residents
#16
Cornelius A Thiels, Asad J Choudhry, Mohamed D Ray-Zack, Rachel A Lindor, John R Bergquist, Elizabeth B Habermann, Martin D Zielinski
Importance: Medical malpractice litigation against surgical residents is rarely discussed owing to assumed legal doctrine of respondeat superior, or "let the master answer." Objective: To better understand lawsuits targeting surgical trainees to prevent future litigation. Design, Setting, and Participants: Westlaw, an online legal research database containing legal records from across the United States, was retrospectively reviewed for malpractice cases involving surgical interns, residents, or fellows from January 1, 2005, to January 1, 2015...
August 30, 2017: JAMA Surgery
https://www.readbyqxmd.com/read/28820775/the-doctrine-of-deliberate-indifference-reed-vs-krajca
#17
Astrid D Oviedo
Facts of the Reed v. Krajca case are presented in which plaintiffs filed a lawsuit for civil damages under the doctrine of deliberate indifference and defendant, Nurse Krajca, invoked qualified immunity in a motion for summary judgment. The Court of Appeal's decision and the dissenting opinion on the issue of deliberate indifference are discussed. This case report provides a concrete example of how the doctrine of deliberate indifference was interpreted by the Court of Appeal and becomes a springboard for analysis and discussion for nurses to guide their practice...
July 2017: Journal of Forensic Nursing
https://www.readbyqxmd.com/read/28781019/reported-litigation-associated-with-primary-hip-and-knee-arthroplasty
#18
Steven L Bokshan, Roy J Ruttiman, John M DePasse, Adam E M Eltorai, Lee E Rubin, Mark A Palumbo, Alan H Daniels
BACKGROUND: Greater than 75% of arthroplasty surgeons report having been the subject of a malpractice lawsuit. Despite this, few studies have analyzed the causes of litigation following total joint arthroplasty in the United States. METHODS: This study is a retrospective analysis of malpractice lawsuits following total hip and knee arthroplasty using VerdictSearch, a database encompassing legal cases compiled from February 1988 to May 2015. Complications leading to litigation were categorized and assessed for patient, surgeon, and lawsuit factors...
July 11, 2017: Journal of Arthroplasty
https://www.readbyqxmd.com/read/28731880/refractive-surgery-malpractice-litigation-outcomes
#19
Benjamin L Custer, Steven R Ballard, Robert B Carroll, Scott D Barnes, Grant A Justin
PURPOSE: To review data on malpractice claims related to refractive surgery to identify common allegations and injuries and financial outcomes. METHODS: The WestlawNext database was reviewed for all malpractice lawsuits/settlements related to refractive eye surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes. RESULTS: A total of 167 cases met the inclusion criteria, of which 108 cases (64...
October 2017: Cornea
https://www.readbyqxmd.com/read/28731391/malpractice-litigation-following-spine-surgery
#20
Alan H Daniels, Roy Ruttiman, Adam E M Eltorai, J Mason DePasse, Bielinsky A Brea, Mark A Palumbo
OBJECTIVE Adverse events related to spine surgery sometimes lead to litigation. Few studies have evaluated the association between spine surgical complications and medical malpractice proceedings, outcomes, and awards. The aim of this study was to identify the most frequent causes of alleged malpractice in spine surgery and to gain insight into patient demographic and clinical characteristics associated with medical negligence litigation. METHODS A search for "spine surgery" spanning February 1988 to May 2015 was conducted utilizing the medicolegal research service VerdictSearch (ALM Media Properties, LLC)...
October 2017: Journal of Neurosurgery. Spine
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