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https://www.readbyqxmd.com/read/28431271/investigation-of-pathology-malpractice-claims-in-china-from-2002-2015
#1
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/28424972/biosimilars-in-the-united-states-emerging-issues-in-litigation
#2
REVIEW
Alice Yuen-Ting Wong, Martha M Rumore, Albert Wai-Kit Chan
Many first-generation biologics will lose their patent protection by 2020. The biosimilars market is not only attractive but also competitive and tough. The United States (US) is the world's largest pharmaceutical market and is critical to the success of most drugs. However, unclear regulatory requirements and confusing patent resolution procedures create hurdles to market entry of biosimilars. Trade secret exposure and scant exclusivity and adoption also limit the market access of biosimilars. Both biologics and biosimilar developers should closely follow the regulatory and litigation landscape to successfully navigate through the challenges...
April 19, 2017: BioDrugs: Clinical Immunotherapeutics, Biopharmaceuticals and Gene Therapy
https://www.readbyqxmd.com/read/28422540/evaluating-barriers-to-bystander-cpr-among-laypersons-before-and-after-compression-only-cpr-training
#3
Andrew J Bouland, Megan H Halliday, Angela C Comer, Matthew J Levy, Kevin G Seaman, Benjamin J Lawner
OBJECTIVE: Bystander CPR is an essential part of out-of-hospital cardiac arrest (OHCA) survival. EMS and public safety jurisdictions have embraced initiatives to teach compression-only CPR to laypersons in order to increase rates of bystander CPR. We examined barriers to bystander CPR amongst laypersons participating in community compression-only CPR training and the ability of the training to alleviate these barriers. The barriers analyzed include fear of litigation, risk of disease transmission, fear of hurting someone as a result of doing CPR when unnecessary, and fear of hurting someone as a result of doing CPR incorrectly...
April 19, 2017: Prehospital Emergency Care
https://www.readbyqxmd.com/read/28415148/the-6-a-s-a-risk-manager-s-guide-to-emergency-cesarean-delivery
#4
Larry Veltman
The allegation of delay in performing an emergency cesarean delivery is common in litigation involving neurological injury to newborns. Analyzing the actual performance of an emergency cesarean involves multiple steps, individuals, and systemic processes that need coordination for appropriate action when necessary. This article gives risk managers a systematic way to evaluate a given perinatal unit's approach to the ability to perform an emergency cesarean through evaluating the 6 "A"s: Assess, Alert, Align, Assemble, Act, and Analyze...
April 2017: Journal of Healthcare Risk Management: the Journal of the American Society for Healthcare Risk Management
https://www.readbyqxmd.com/read/28414849/-the-rights-of-the-dying-the-refusal-of-medical-treatments-in-argentine-courts
#5
Juan Pedro Alonso
This paper addresses the judicialization of end of life medical decision-making, as part of the advance of the justice system in the regulation of medical practice and the rise of recognition of patient autonomy. The article analyzes, from a sociological standpoint, legal decisions regarding treatment refusal at the end of life produced by the Argentine courts between 1975 and 2015. Based on a qualitative design, 38 sentences collected from jurisprudential databases using key terms were analyzed. First, judicialized cases during the period are described; these are characterized by a high proportion of claims presented by health institutions, a pro-treatment bias in the legal actions requested, and a high percentage of unnecessary litigation in the absence of conflicts or in situations that do not require court intervention...
July 2016: Salud Colectiva
https://www.readbyqxmd.com/read/28398893/litigation-in-thyroid-surgery-in-england
#6
Paul C Dent, Nigel M Bagnall
Thyroid surgery has the potential for significant life-changing postoperative complications. Since 1995, the NHS Litigation Authority has handled litigation claims in England. This article reviews all thyroid surgery litigation claims between 1995 and 2012 and looks at potential strategies to minimize future claims.
April 2, 2017: British Journal of Hospital Medicine
https://www.readbyqxmd.com/read/28394780/attention-deficit-disorder-and-the-americans-with-disabilities-act-is-anyone-paying-attention
#7
Clifford M Koen, Amanda J Carmichael, Kristin E Koen
As millions of individuals who have been given a diagnosis of attention deficit disorder and attention-deficit/hyperactivity disorder enter the workforce, more individuals with these mental impairments are filing claims with the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA) as amended in 2008 by the ADA Amendments Act. The ADA forbids employment discrimination based on an individual's disability and also requires employers to make reasonable accommodations for individuals with disabilities...
April 7, 2017: Health Care Manager
https://www.readbyqxmd.com/read/28390810/dizziness-malpractice-and-the-otolaryngologist
#8
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/28387945/obstetrician-perceptions-of-the-causes-of-high-cesarean-delivery-rates-in-turkey
#9
Mert Küçük
OBJECTIVE: To assess obstetricians' perceptions surrounding cesarean delivery rates in Turkey. METHODS: The present cross-sectional descriptive study was performed between May 1 and June 30, 2016. Practicing obstetricians with contact details known by the researchers and those attending a conference in Turkey were asked to complete a self-administered questionnaire that collected demographic data and information on participants' opinions, beliefs, knowledge, attitudes, and practices related to cesarean delivery...
April 7, 2017: International Journal of Gynaecology and Obstetrics
https://www.readbyqxmd.com/read/28387559/legal-aspects-of-concussion-the-ever-evolving-standard-of-care
#10
Steven Pachman, Adria Lamba
Today, when an athlete is catastrophically injured while playing a sport, litigation often follows. The likelihood of litigation is even greater in the event of a head injury, especially when the athlete can allege that a prior concussion somehow contributed to the current injury. Whether the potential defendants in these lawsuits, such as schools, coaches, athletic trainers, and other health care professionals, actually face legal liability depends on whether they are deemed to have conformed to the standard of care...
March 2017: Journal of Athletic Training
https://www.readbyqxmd.com/read/28379154/retaliatory-rico-and-the-puzzle-of-fraudulent-claiming
#11
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/28377109/zuckerkandl-s-tubercle-and-its-relationship-to-the-recurrent-laryngeal-nerve-a-cadaveric-dissection-and-meta-analysis
#12
Brandon Michael Henry, Beatrice Sanna, Jens Vikse, Matthew J Graves, Alexandru Spulber, Cecylia Witkowski, Iwona M Tomaszewska, R Shane Tubbs, Krzysztof A Tomaszewski
OBJECTIVE: Zuckerkandl's tubercle (ZT), when present, is an anatomical landmark by which surrounding structures such as the recurrent laryngeal nerve (RLN) can be identified intraoperatively. This study aimed to investigate the prevalence and anatomical characteristics of Zuckerkandl's tubercle by combining cadaveric dissection with a meta-analysis. METHODS: Through October 2016, an extensive search of PubMed, CNKI, ScienceDirect, EMBASE, BIOSIS, SciELO, and Web of Science was completed...
April 1, 2017: Auris, Nasus, Larynx
https://www.readbyqxmd.com/read/28377022/use-of-a-mock-deposition-program-to-improve-resident-understanding-of-the-importance-of-documentation
#13
Mina Guerges, Eliza Slama, Yacoub Zayadin, Alicia Kieninger
INTRODUCTION: It has been estimated that the probability of a physician being involved in a medical litigation by 65 years of age ranges from 76 to 98% depending on specialty. We hypothesized that a mock deposition held by a medico-legal expert attorney could effectively increase awareness of the importance of accurate and complete medical documentation. METHODS: Pre and post-lecture and mock deposition surveys were analyzed and the contents evaluated. Residents and attendings from the surgical, medical and OB-GYN departments participated...
March 22, 2017: American Journal of Surgery
https://www.readbyqxmd.com/read/28376609/simulation-training-in-upper-tract-endourology-myth-or-reality-critical-analysis-of-the-literature
#14
Catherine E Lovegrove, Takashige Abe, Abdullatif Aydin, Domenico Veneziano, Kemal Sarica, M Shamim Khan, Prokar Dasgupta, Kamran Ahmed
Surgeons training in the twenty-first century are subject to a myriad of pressures, as has always been the case within surgical training. These include reduced hours available for training and increased threat of litigation against their operating practice. The Halstedian approach of "see one, do one, teach one" has been replaced within surgical training and simulation has become established to enable urology trainees to develop technical and non-technical skills away from the operating room. With the primary focus as patient safety and increasing operating skill, "simulation training" encompasses several modalities...
March 30, 2017: Minerva Urologica e Nefrologica, the Italian Journal of Urology and Nephrology
https://www.readbyqxmd.com/read/28376518/improving-mental-health-services-through-physician-assistants-legislation-in-several-southern-states
#15
Matthew Buchbinder, Judith Regan, Mirela Aldea, Denise Makowski
A national effort to provide more expansive mental health care in the United States has been an increasing priority during the last decade. States have enacted laws that allow for the delegation of psychiatric services to physician assistants in an effort to address the shortage and geographic maldistribution of mental health services and to more efficiently use the skills of psychiatrists. This statutory scheme recognizing physician assistants has been effective in broadening access to mental health care in various southern states...
April 2017: Southern Medical Journal
https://www.readbyqxmd.com/read/28375476/analysis-of-11-years-of-clinical-negligence-claims-in-esophagogastric-cancer-in-england
#16
K Ratnasingham, L Stroud, J Knight, S R Preston, J Sultan
In the National Health Service (NHS), clinical negligence claims and associated compensations are constantly rising. The aim of this study is to identify the size, trends, and causes of litigations claims in relation to esophagogastric (EG) cancer in the NHS. Data requests were submitted to the NHS Litigation Authority (NHSLA) for the period of January 2003 to December 2013. Data were reviewed, categorized clinically, and analyzed in terms of causes and costs behind claims. In this time period, there were 163 claims identified from the NHSLA database...
April 1, 2017: Diseases of the Esophagus: Official Journal of the International Society for Diseases of the Esophagus
https://www.readbyqxmd.com/read/28372854/potential-media-influence-on-the-high-incidence-of-medical-disputes-from-the-perspective-of-plastic-surgeons
#17
Chiehfeng Chen, Ching-Feng Lin, Cha-Chun Chen, Shih-Feng Chiu, Fuh-Yuan Shih, Shu-Yu Lyu, Ming-Been Lee
PURPOSE: The main purpose of this study is to investigate the prevalence of medical disputes among plastic surgeons in Taiwan and to elucidate their perspectives regarding the influence of medical litigation media coverage on the physician-patient relationship. METHODS: A self-administered questionnaire was distributed among plastic surgeons attending a series of continuing education training lectures organized by the Taiwan Society of Plastic Surgery in 2015. RESULTS: Of the 109 respondents, over a third (36...
March 31, 2017: Journal of the Formosan Medical Association, Taiwan Yi Zhi
https://www.readbyqxmd.com/read/28369446/lack-of-capacity-is-not-an-off-switch-for-rights-and-freedoms-wye-valley-nhs-trust-v-mr-b-by-his-litigation-friend-the-official-solicitor-2015-ewcop-60
#18
Carolyn S Johnston
Wye Valley NHS Trust v Mr B [2015] EWCOP 60 illustrates the extent to which the wishes, feelings, beliefs, and values strongly expressed by a person who lacks decision-making capacity are to be considered in determining his best interests. Whilst not going as far as a supported decision-making model, as endorsed by the UN Convention on the Rights of Persons with Disabilities, the case exemplifies the participative ethos of the Mental Capacity Act 2005 and the requirement that the person lacking capacity should participate as fully as possible in any decision affecting him...
March 20, 2017: Medical Law Review
https://www.readbyqxmd.com/read/28365748/an-intervention-to-decrease-the-occurrence-of-invalid-data-on-neuropsychological-evaluation
#19
Michael David Horner, Travis H Turner, Kathryn K VanKirk, John H Denning
Objective: This study tested whether patients who were given a handout based on deterrence theory, immediately prior to evaluation, would provide invalid data less frequently than patients who were simply given an informational handout. Method: All outpatients seen for clinical evaluation in a VA Neuropsychology Clinic were randomly given one of the two handouts immediately prior to evaluation. The "Intervention" handout emphasized the importance of trying one's hardest, explicitly listed consequences of valid and invalid responding and asked patients to sign and initial it...
March 1, 2017: Archives of Clinical Neuropsychology: the Official Journal of the National Academy of Neuropsychologists
https://www.readbyqxmd.com/read/28363878/interest-of-the-compress-test-in-diagnosis-of-nerve-injury-in-hand-wounds
#20
N Bigorre, A Petit, Y Saint-Cast, J Jeudy, B Cesari, F Rabarin, P A Fouque, G Raimbeau
INTRODUCTION: Hand wounds are a common cause of emergency department admission. Digital nerve lesions are found in 5% of palmwounds. Early diagnosis reduces the risk of morbidity, sequelae and litigation. Screening for digital nerveinjuryby the usual tests is difficult in an emergency context. We assessed the diagnostic value of the simple "compress test" to screen for pulp sensibility disorder and the factors that may influence the value of this examination, with a view to validating routine use...
March 28, 2017: Orthopaedics & Traumatology, Surgery & Research: OTSR
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