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https://www.readbyqxmd.com/read/28445561/allegations-of-failure-to-obtain-informed-consent-in-spinal-surgery-medical-malpractice-claims
#1
Jennifer Grauberger, Panagiotis Kerezoudis, Asad J Choudhry, Mohammed Ali Alvi, Ahmad Nassr, Bradford Currier, Mohamad Bydon
Importance: Predictive factors associated with increased risk of medical malpractice litigation have been identified, including severity of injury, physician sex, and error in diagnosis. However, there is a paucity of literature investigating informed consent in spinal surgery malpractice. Objective: To investigate the failure to obtain informed consent as an allegation in medical malpractice claims for patients undergoing a spinal procedure. Design, Setting, and Participants: In this retrospective cohort study, a national medicolegal database was searched for malpractice claim cases related to spinal surgery for all years available (ie, January 1, 1980, through December 31, 2015)...
April 26, 2017: JAMA Surgery
https://www.readbyqxmd.com/read/28444095/judicial-demand-of-medications-through-the-federal-justice-of-the-state-of-paran%C3%A3
#2
Renato Mitsunori Nisihara, Ana Carolina Possebom, Luiza de Martino Cruvinel Borges, Ana Claudia Athanasio Shwetz, Fernanda Francis Benevides Bettes
Objective: To describe the profile of lawsuits related to drug requests filled at the Federal Justice of the State of Paraná. Methods: A cross-sectional study, and the data were obtained through consulting the lawsuits at the online system of the Federal Justice of Paraná. Results: Out of 347 lawsuits included in the study, 55% of plaintiffs were women, with a median age of 56 years. Oncology was the field with more requests (23.6%), and the highest mean costs...
January 2017: Einstein
https://www.readbyqxmd.com/read/28431271/investigation-of-pathology-malpractice-claims-in-china-from-2002-2015
#3
Yuan Li, Dong Gao, Meng Tu, Ying-Zhen Luo, Zhen-Hua Deng
OBJECTIVE: To examine pathology-related medical claims in China and identify the most common errors to result in such claims. METHOD: A retrospective analysis was performed of 71 forensic evaluation reports carried out in two Chinese institutes of forensic medicine between 2002 and 2015 due to suspicion of medical malpractice. The judicial outcomes of each case were also reviewed when available. RESULTS: Of 71 cases, 54 cases had judicial outcomes...
April 15, 2017: Journal of Forensic and Legal Medicine
https://www.readbyqxmd.com/read/28390810/dizziness-malpractice-and-the-otolaryngologist
#4
Anthony M Tolisano, Sungjin A Song, Douglas S Ruhl, Philip D Littlefield
PURPOSE: To assess malpractice claims related to the management of dizziness in otolaryngology in order to improve care and minimize the risk of litigation. MATERIALS AND METHODS: This is a retrospective review of the LexisNexis "Jury Verdicts and Settlements" database. All lawsuits and out of court adjudications related to the management of dizziness by otolaryngologists were collected. Data including patient demographics, plaintiff allegation, procedure performed, and indemnities were analyzed...
March 31, 2017: American Journal of Otolaryngology
https://www.readbyqxmd.com/read/28379154/retaliatory-rico-and-the-puzzle-of-fraudulent-claiming
#5
Nora Freeman Engstrom
Over the past century, the allegation that the tort liability system incentivizes legal extortion and is chock-full of fraudulent claims has dominated public discussion and prompted lawmakers to ever-more-creatively curtail individuals' incentives and opportunities to seek redress. Unsatisfied with these conventional efforts, in recent years, at least a dozen corporate defendants have "discovered" a new fraud-fighting tool. They've started filing retaliatory RICO suits against plaintiffs and their lawyers and experts, alleging that the initiation of certain nonmeritorious litigation constitutes racketeering activity—while tort reform advocates have applauded these efforts and exhorted more "courageous" companies to follow suit...
2017: Michigan Law Review
https://www.readbyqxmd.com/read/28374464/wrongness-responsibility-and-conscientious-refusals-in-health-care
#6
Alida Liberman
In this article, I address what kinds of claims are of the right kind to ground conscientious refusals. Specifically, I investigate what conceptions of moral responsibility and moral wrongness can be permissibly presumed by conscientious objectors. I argue that we must permit HCPs to come to their own subjective conclusions about what they take to be morally wrong and what they take themselves to be morally responsible for. However, these subjective assessments of wrongness and responsibility must be constrained in several important ways: they cannot involve empirical falsehoods, objectionably discriminatory attitudes, or unreasonable normative beliefs...
April 3, 2017: Bioethics
https://www.readbyqxmd.com/read/28366496/ptsd-in-court-iii-malingering-assessment-and-the-law
#7
REVIEW
Gerald Young
This journal's third article on PTSD in Court focuses especially on the topic's "court" component. It first considers the topic of malingering, including in terms of its definition, certainties, and uncertainties. As with other areas of the study of psychological injury and law, generally, and PTSD (posttraumatic stress disorder), specifically, malingering is a contentious area not only definitionally but also empirically, in terms of establishing its base rate in the index populations assessed in the field...
March 30, 2017: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/28252433/medical-and-legal-issues-of-the-decisions-rendered-by-the-european-court-of-human-rights
#8
B Chakhvadze, G Chakhvadze
The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence...
January 2017: Georgian Medical News
https://www.readbyqxmd.com/read/28199538/analysis-of-factors-associated-with-rhytidectomy-malpractice-litigation-cases
#9
Aron Kandinov, Sean Mutchnick, Vaibhuv Nangia, Peter F Svider, Giancarlo F Zuliani, Mahdi A Shkoukani, Michael A Carron
Importance: This study investigates the financial burden of medical malpractice litigation associated with rhytidectomies, as well as factors that contribute to litigation and poor defendant outcomes, which can help guide physician practices. Objective: To comprehensively evaluate rhytidectomy malpractice litigation. Data Sources and Study Selection: Jury verdict and settlement reports related to rhytidectomy malpractice litigations were obtained using the Westlaw Next database...
February 9, 2017: JAMA Facial Plastic Surgery
https://www.readbyqxmd.com/read/28191515/medicolegal-implications-of-radial-and-femoral-access-for-coronary-angiography-and-intervention-in-2016-focus-on-retroperitoneal-hemorrhage
#10
Konstantinos V Voudris, Mladen I Vidovich
BACKGROUND AND OBJECTIVES: Retroperitoneal hemorrhage is a rare but serious complication of transfemoral approach (TFA) and TFA percutaneous coronary intervention (PCI). Radial approach for coronary angiography and intervention (transradial approach, TRA) is associated with lower access site complications and reduced blood transfusion rates. Retroperitoneal bleeding has not been described with TRA. This study sought to evaluate the relationship between femoral access for coronary angiography (TFA) and PCI-induced retroperitoneal hemorrhage and the resulting medical litigation in the United States...
April 1, 2016: Journal of Translational Internal Medicine
https://www.readbyqxmd.com/read/28093118/surgical-fires-and-operative-burns-lessons-learned-from-a-33-year-review-of-medical-litigation
#11
Asad J Choudhry, Nadeem N Haddad, Mohammad A Khasawneh, Daniel C Cullinane, Martin D Zielinski
OBJECTIVE: We aimed to understand the setting and litigation outcomes of surgical fires and operative burns. METHODS: Westlaw, an online legal research data-set, was utilized. Data were collected on patient, procedure, and case characteristics. RESULTS: One hundred thirty-nine cases were identified; 114 (82%) operative burns and 25 (18%) surgical fires. Median plaintiff (patient) age was 46 (IQR:28-59). Most common site of operative burn was the face (26% [n = 36])...
March 2017: American Journal of Surgery
https://www.readbyqxmd.com/read/28009242/an-analysis-of-malpractice-litigation-related-to-the-management-of-brain-aneurysms
#12
Raghav Gupta, Christoph J Griessenauer, Justin M Moore, Nimer Adeeb, Apar S Patel, Christopher S Ogilvy, Ajith J Thomas
OBJECTIVE Given the highly complex and demanding clinical environment in which neurosurgeons operate, the probability of facing a medical malpractice claim is high. Recent emphasis on tort reform within the political sphere has brought this issue to the forefront of medical literature. Despite the widespread fear of litigation in the medical community, few studies have provided an analysis of malpractice litigation in the field. Here, the authors attempt to delineate the medicolegal factors that impel plaintiffs to file medical malpractice claims related to the management of brain aneurysms, and to better characterize the nature of these lawsuits...
December 23, 2016: Journal of Neurosurgery
https://www.readbyqxmd.com/read/27822936/analysis-of-malpractice-claims-associated-with-surgical-site-infection-in-the-field-of-plastic-surgery
#13
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
#14
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...
December 2016: Health Services Research
https://www.readbyqxmd.com/read/27806889/forensic-implications-of-changes-in-dsm-5-criteria-for-responses-to-trauma-and-stress
#15
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)...
November 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
#16
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
#17
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...
January 2017: 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
#18
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
#19
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
#20
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
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