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Alessandro di Luca, Giuseppe Vetrugno, Vincenzo Lorenzo Pascali, Antonio Oliva, Al Ozonoff
OBJECTIVES: Italy is experiencing a crisis of malpractice litigation with important repercussions on the insurance industry (e.g., lower profits), physicians (e.g., defensive medicine), and the courts (e.g., work backlog, lengthy proceedings). We searched for common ground between legal systems in Italy and the United States and considered the implications for international collaborations in patient safety. METHODS: We examined the judicial frameworks of medical malpractice litigation in two countries with different legal foundations: the United States (a public-private system governed by common law) and Italy (a publicly financed healthcare system governed by civil law)...
March 19, 2018: Journal of Patient Safety
Amy Huang, Arianna Phillips, Tony Adar, Andrea Hui
BACKGROUND: The eye is a vulnerable and commonly injured organ in cosmetic laser procedures of the face. Treatment of the eyelids and periorbital areas increases this risk, especially when ocular protection devices are not used or are removed during the procedure. A study has shown that injury from laser epilation of the periocular areas is one of the most common causes of litigation in cutaneous laser surgery. OBJECTIVE: The goal of this review is to determine the causes of ocular injury in cosmetic laser procedures and derive lessons on critical safety elements to prevent future injury...
February 2018: Journal of Clinical and Aesthetic Dermatology
Meghan N Jeffres, Elizabeth A Hall-Lipsy, S Travis King, John D Cleary
OBJECTIVE: To describe medical negligence and malpractice cases in which a patient with a known penicillin allergy received a beta-lactam and experienced an adverse reaction related to the beta-lactam. DATA SOURCES: Lexis-Nexus, Westlaw, and Google Scholar were searched. STUDY SELECTIONS: Medical negligence and malpractice cases were eligible for inclusion if they met the following criteria: the plaintiff had a known penicillin allergy, received a beta-lactam, and experienced an adverse event...
March 15, 2018: Annals of Allergy, Asthma & Immunology
Su-Hee Cho, Ji-Ye Lee, Kyeong-Hwa Ryu, Dae Chul Suh
Purpose: False positive diagnoses of cerebral aneurysm via magnetic resonance angiography (MRA) screening may increase unnecessary cerebral catheter angiography. The purpose of this study was to investigate the effects of medical liability on medical decision-making during radiologic interpretation. Materials and Methods: We included 56 consecutive patients who were referred with suspected aneurysm based on MRA or computed tomography angiography (CTA) and showed no aneurysm on subsequent digital subtraction angiography (DSA)...
March 2018: Neurointervention
Nishant Ganesh Kumar, Nicholas Hricz, Brian C Drolet
BACKGROUND: Carpal tunnel release (CTR) is the most common hand surgery operation performed in the United States. While serious complications are rare, they can be life-altering to patients. In some cases, patients will pursue malpractice claims against the surgeon. This study aimed to understand the patient, procedure, and surgeon factors involved in CTR malpractice litigation. METHODS: The Westlaw legal database was queried for all recorded CTR malpractice cases resulting in jury verdicts and settlements...
March 1, 2018: Hand: Official Journal of the American Association for Hand Surgery
Thomas P Sartwelle, James C Johnston
A half century after continuous electronic fetal monitoring (EFM) became the omnipresent standard of care for the vast majority of labors in the developed countries, and the cornerstone for cerebral palsy litigation, EFM advocates still do not have any scientific evidence justifying EFM use in most labors or courtrooms. Yet, these EFM proponents continue rationalizing the procedure with a rhetorical fog of meaningless words, misleading statistics, archaic concepts, and a complete disregard for medical ethics...
January 2018: Surgery Journal
John Phair, John Denesopolis, Evan C Lipsitz, Larry Scher
OBJECTIVE: To analyze malpractice litigation trends and to better understand the causes and outcomes of suits involving inferior vena cava filters (IVCF) to prevent future litigation and improve physician education. METHODS: Jury verdict reviews from the WESTLAW database from January 1st 2000 to December 31st 2015 were reviewed. The search term "inferior vena cava filter" was used to compile data on the demographics of the defendant, plaintiff, allegation, complication, and verdict...
March 8, 2018: Annals of Vascular Surgery
Catherine R Alexander, Fiona Bogossian
BACKGROUND: An allegation of negligence or an adverse outcome during childbirth can lead to clinical investigation of a midwife's practice. Anecdotal evidence suggests midwives find this stressful and disturbing. AIM: Synthesise the evidence relating to midwives' experiences of investigation and the effects on clinical practice and personal wellbeing. METHODS: Two database searches were conducted between 2015 and 2016 to identify primary research published between 1990 and 2016...
March 7, 2018: Women and Birth: Journal of the Australian College of Midwives
Jone Ansuategui Echeita, Berry J van Holland, Douglas P Gross, Jan Kool, Peter Oesch, Maurizio A Trippolini, Michiel F Reneman
PURPOSE: Determine the association of different social factors with Functional Capacity Evaluation (FCE) performance in adults. MATERIALS AND METHODS: A systematic literature search was performed in MEDLINE, CINAHL, and PsycINFO electronic databases. Studies were eligible if they studied social factor's association with the performance of adults undergoing FCE. Studies were assessed on methodological quality and quality of evidence. The review was performed using best-evidence synthesis methods...
March 9, 2018: Disability and Rehabilitation
Ji Yun Jung, So Yoon Kim, Dong Gyu Kim, Choong Bai Kim, Kyong-Choun Chi, Won Kyung Kang, Won Lee
Purpose: The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods: A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion...
March 2018: Annals of Surgical Treatment and Research
I Bragard, M Guillaume, A Ghuysen, J C Servotte, I Ortiz, B Pétré
The transformations of the health system and the preferences of the patients themselves have led healthcare professionals to rethink the place and role of the patient in the healthcare system, putting the caregivercare relationship and communication at the heart of public health issues. The literature shows that empathic communication is associated with better adherence to treatment, better patient satisfaction and less litigation. However, the initial training programs of health professionals are little oriented towards this field...
February 2018: Revue Médicale de Liège
Eric Crosbie, George Thomson, Becky Freeman, Stella Bialous
This study examines how health advocates and the Australian government responded to international commercial pressure during the implementation of tobacco standardised packaging (SP) as a measure to reduce non-communicable diseases (NCDs). Relevant government and NGO documents, and media items were reviewed. Policymakers and health advocates (n = 19) in Australia were interviewed. In 2009, Australia's National Health Taskforce recommended SP, which the Australian government announced in April 2010. In response, tobacco companies threatened the government with litigation in both domestic and international courts, claiming that SP would violate their investment and intellectual property rights...
February 27, 2018: Global Public Health
Joseph G L Lee, Paige E Averett, Tiffany Blanchflower, Kyle R Gregory
Purpose: In the U.S., tobacco products are now regulated by the Food and Drug Administration (FDA). Litigation has quickly followed. One area of controversy is when a change to the design of the cigarette pack requires approval through FDA's rigorous premarket review process. In this paper, we examine how adult U.S. smokers view the connection between the design of cigarette packs and the characteristics of the cigarettes within. Methods: Data for this qualitative study came from six focus groups conducted in March 2017 with adult smokers...
March 2018: Journal of Cancer Policy
Claire Horner, Evelyn Tenenbaum, Douglas Sipp, Zubin Master
The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices...
2018: NPJ Regenerative Medicine
Phillip Schulten Sebastian, Jan Philip Suppelna, Timoleon Dagres, Günter Noè, Michael Anapolski, Joscha Reinhard, Harald Krentel, Clemens Tempfer, Sven Schiermeier
OBJECTIVE: This study examines the recommendations of international guidelines on the use of antepartum and intrapartum cardiotocography. MATERIAL AND METHODS: The guidelines of Germany, Canada, UK, USA, Sri Lanka, Australia as well as FIGO have been compared. The recommendations on the use of cardiotocography were separately evaluated for antepartum and intrapartum use. RESULTS: Antepartum: In risk-free pregnancies the use of cardiotocography is not recommended in all countries...
February 23, 2018: Zeitschrift Für Geburtshilfe und Neonatologie
Meiring de Villiers
This article provides a review of the science of HIV/AIDS for nonspecialist stakeholders such as lawyers, regulators, and policy analysts. The purpose of the article is twofold: it (1) aims to communicate the biomedical principles that underlie the pandemic in a rigorous yet accessible format and (2) shows that an understanding of the interaction between a legal rule and medical science is essential if the intended meaning, purpose, and policy rationale of the rule are to be preserved. It illustrates the interaction between law and science by analyzing the application of a doctrine in medical malpractice to litigation involving HIV/AIDS...
July 2017: Journal of Legal Medicine
Maria TR Borges
In the United States, women are routinely forced to undergo cesarean sections, episiotomies, and the use of forceps, despite their desire to attempt natural vaginal delivery. Yet, the current American legal system does little to provide redress for women coerced to undergo certain medical procedures during childbirth. Courts and physicians alike are prepared to override a woman's choice of childbirth procedure if they believe this choice poses risks to the fetus, and both give little value to the woman's right to bodily autonomy...
January 2018: Duke Law Journal
Antonio Malvasi, Simona Zaami, Andrea Tinelli, Giuseppe Trojano, Gianluca Montanari Vergallo, Enrico Marinelli
AIM: A significant amount of data concerning maternal-fetal damage arising from the exertion of Kristeller maneuvers (KMs) or fundal pressure (FP) go unreleased due to medicolegal implications. MATERIALS AND METHODS: For this reason, the paper gathers information as to the real magnitude of litigation related to FP-induced damages and injuries. The authors have undertaken a research in order to include general search engines (PubMed-Medline, Cochrane, Embase, Google, GyneWeb) and legal databases (De Jure, Italian database of jurisprudence daily update; Westlaw, Thomson Reuters, American ruling database and Bailii, UK Court Ruling Database)...
February 21, 2018: Journal of Maternal-fetal & Neonatal Medicine
Mark W Kroll, Mollie B Ritter, Eric A Kennedy, Nora K Silverman, Roman Shinder, Michael A Brave, Howard E Williams
PURPOSE: While generally reducing morbidity and mortality, electrical weapons have risks associated with their usage, including burn injuries and trauma associated with uncontrolled fall impacts. However, the prevalence of significant eye injury has not been investigated. METHODS: We searched for incidents of penetrating eye injury from TASER® conducted electrical weapon (CEW) probes via open source media, litigation filings, and a survey of CEW law-enforcement master instructors...
February 14, 2018: Journal of Forensic and Legal Medicine
Benjamin R Williams, Dylan L McCreary, Michael Chau, Brian P Cunningham, Fernando Pena, Marc F Swiontkowski
BACKGROUND: Orthopedic implant removal following open reduction internal fixation of a fracture is a common procedure, especially in the foot and ankle. The purpose of this study was to evaluate functional change after the removal of symptomatic implants following ankle fracture open reduction internal fixation (ORIF) using the Short Musculoskeletal Function Assessment (SMFA) outcome score. We hypothesized that implant removal after ankle fracture would result in improved functional outcomes...
February 1, 2018: Foot & Ankle International
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