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https://www.readbyqxmd.com/read/28868502/analysis-of-closed-medical-litigation-in-urology
#1
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
#2
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
#3
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
#4
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
#5
Steven L Bokshan, Roy J Ruttiman, John M DePasse, 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
#6
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
#7
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)...
July 21, 2017: Journal of Neurosurgery. Spine
https://www.readbyqxmd.com/read/28674345/trend-of-malpractice-litigation-against-neurosurgeons-in-japan-an-analysis-of-disclosed-database-by-courts-in-japan-from-2001-through-2015
#8
Hisashi Nagashima, Yoshitaka Wada, Kazuhiro Hongo
Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field...
August 15, 2017: Neurologia Medico-chirurgica
https://www.readbyqxmd.com/read/28673825/the-medico-legal-landscape-of-spine-surgery-how-do-surgeons-fare
#9
Melvin C Makhni, Paul J Park, Jesus Jimenez, Comron S Saifi, Jon-Michael Caldwell, Alex Ha, Bianca Figueroa-Santana, Ronald A Lehman, Mark Weidenbaum
BACKGROUND CONTEXT: Due to the limited and confidential nature of most legal data, scarce literature is available to physicians about reasons for litigation in spine surgery. In order to optimally compensate patients while protecting physicians, further understanding of the medico-legal landscape is needed for high-risk procedures such as spine surgery. Based on these, surgeons can explore ways to better protect both their patients and themselves. PURPOSE: To characterize the current medico-legal environment of spine surgery by analyzing a recent dataset of malpractice litigation...
June 30, 2017: Spine Journal: Official Journal of the North American Spine Society
https://www.readbyqxmd.com/read/28644057/the-implementation-of-medical-monitoring-programs-following-potentially-hazardous-exposures-a-medico-legal-perspective
#10
REVIEW
David Vearrier, Michael I Greenberg
CONTEXT: Clinical toxicologists may be called upon to determine the appropriateness of medical monitoring following documented or purported exposures to toxicants in the occupational, environmental, and medical settings. METHODS: We searched the MEDLINE database using the Ovid(®) search engine for the following terms cross-referenced to the MeSH database: ("occupational exposures" OR "environmental exposures") AND ("physiologic monitoring" OR "population surveillance")...
November 2017: Clinical Toxicology
https://www.readbyqxmd.com/read/28621208/stem-cells-in-court-historical-trends-in-us-legal-cases-related-to-stem-cells
#11
Andreia Martins Martinho, Leigh Turner
Using two legal research platforms, we identified 193 stem-cell-related legal cases that were decided in US courts. Classifying the cases by category, we examined historical trends in the types of legal cases related to stem cells. Major types of cases involved plaintiffs seeking to overturn denial of health insurance coverage decisions, disputes related to intellectual property, false advertising, breaches of contract, exposure to hazardous agents, regulatory decisions, stem cell procedures and professional standard of care, use of stems cells in research, and public funding of embryonic stem cell research...
April 2017: Regenerative Medicine
https://www.readbyqxmd.com/read/28576693/direct-laparoscopic-trocar-insertion-lessons-learned-from-9-litigated-cases
#12
George A Vilos, Artin Ternamian, Angelos G Vilos, Basim Abu-Rafea, Cici Zhu
STUDY OBJECTIVE: To report circumstances and clinical and medicolegal outcomes of 9 litigated cases associated with direct trocar insertion (DTI) injuries to the bowel (7 cases) and major vessel (2 cases) during primary laparoscopic access. DESIGN: A case series from 1990 through 2015 (Canadian Task Force Classification II-2). PATIENTS: Nine litigated cases. INTERVENTIONS: A retrospective review of medical and legal records of litigated cases in Canada reviewed by the primary author (G...
May 30, 2017: Journal of Minimally Invasive Gynecology
https://www.readbyqxmd.com/read/28550921/dissecting-malpractice-in-pancreaticoduodenectomy-cases
#13
Seema P Anandalwar, Anthony J Scholer, Gigio Ninan, Joseph B Oliver, Derick Christian, Jean Anderson Eloy, Ravi J Chokshi
BACKGROUND: Medical malpractice is a growing concern for physicians in all fields. Surgical fields have some of the highest malpractice premiums and litigation rates. Pancreaticoduodenectomy (PD) has become a popular procedure; however, it is still associated with significant morbidity and mortality. This study is the first to analyze factors involved in litigation regarding PD cases. METHODS: The Westlaw database was searched for jury verdicts and settlements using the terms "medical malpractice" and "pancreaticoduodenectomy"...
May 15, 2017: Journal of Surgical Research
https://www.readbyqxmd.com/read/28498071/assessment-of-malpractice-claims-due-to-spinal-epidural-abscess
#14
J Mason DePasse, Roy Ruttiman, Adam E M Eltorai, Mark A Palumbo, Alan H Daniels
OBJECTIVE Spinal epidural abscesses (SEAs) can be difficult to diagnose and may result in neurological compromise or even death. Delays in diagnosis or treatment may worsen the prognosis. While SEA presents a high risk for litigation, little is known about the medicolegal ramifications of this condition. An enhanced understanding of potential legal implications is important for practicing spine surgeons, emergency medicine physicians, and internists. METHODS The VerdictSearch database, a large legal-claims database, was queried for "epidural abscess"-related legal cases...
May 12, 2017: Journal of Neurosurgery. Spine
https://www.readbyqxmd.com/read/28489715/assessment-of-malpractice-claims-associated-with-acute-compartment-syndrome
#15
John Mason DePasse, Rachel Sargent, Amanda J Fantry, Steven L Bokshan, Mark A Palumbo, Alan H Daniels
BACKGROUND: Because acute compartment syndrome is one of the few limb-threatening and life-threatening orthopaedic conditions and is difficult to diagnose, it is a frequent source of litigation. Understanding the factors that lead to plaintiff verdicts and higher indemnity payments may improve patient care by identifying common pitfalls. METHODS: The VerdictSearch legal claims database was queried for the term "compartment syndrome." After 46 cases were excluded for missing information or irrelevancy, 139 cases were reviewed...
June 2017: Journal of the American Academy of Orthopaedic Surgeons
https://www.readbyqxmd.com/read/28445561/allegations-of-failure-to-obtain-informed-consent-in-spinal-surgery-medical-malpractice-claims
#16
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)...
June 21, 2017: JAMA Surgery
https://www.readbyqxmd.com/read/28444095/judicial-demand-of-medications-through-the-federal-justice-of-the-state-of-paran%C3%A3
#17
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
#18
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
#19
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...
July 2017: American Journal of Otolaryngology
https://www.readbyqxmd.com/read/28379154/retaliatory-rico-and-the-puzzle-of-fraudulent-claiming
#20
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
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