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https://www.readbyqxmd.com/read/28731880/refractive-surgery-malpractice-litigation-outcomes
#1
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...
July 19, 2017: Cornea
https://www.readbyqxmd.com/read/28731649/opinions-of-members-of-the-national-civil-family-proceedings-and-criminal-courts-in-withholding-or-withdrawing-of-life-support-situations-in-pediatrics
#2
Jorge O Selandari, María S Ciruzzi, Adriel J Roitman, Fernanda Ledesma, Célica Menéndez, Hernán O García
INTRODUCTION: The possibility of sustaining life functions makes it difficult to distinguish between a dying patient and a patient with chances of survival, raising a dilemma for everyone around them. On the one side, continuing with life support techniques that would only extend an irreversible process and result in physical and psychological damage and harm their dignity. On the other side, withholding or withdrawing life support without an adequate reflection and diagnostic-therapeutic effort which may lead to the death of a potentially recoverable child...
August 1, 2017: Archivos Argentinos de Pediatría
https://www.readbyqxmd.com/read/28731391/malpractice-litigation-following-spine-surgery
#3
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/28729583/dentistry-and-why-it-is-a-great-career
#4
S Ofori-Attah
The current climate of dentistry is one of sharply rising costs, increased litigation and more common placed stress, alongside the ever existing challenges that have persisted. This Opinion article looks into the reasons for embarking upon and staying within a dental career, despite the alleged drawbacks, and aims to promote a sense of positivity for the career that too often appears to be waning.
July 21, 2017: British Dental Journal
https://www.readbyqxmd.com/read/28728625/parental-fitness-questioned-on-the-grounds-of-narcolepsy-presentation-of-two-cases
#5
Laura Barbero, Annamaria Govi, Fabio Pizza, Giuseppe Plazzi, Francesca Ingravallo
We report two cases of fathers whose parental fitness was questioned during divorce and custody litigation because of narcolepsy type 2 and type 1, respectively. These cases highlighted both the existence of a narcolepsy-related stigma and the need to involve sleep experts in custody assessments when concerns about the parental fitness are related to a sleep disorder, expanding the field of interest of the growing "sleep forensics."
July 14, 2017: Journal of Clinical Sleep Medicine: JCSM: Official Publication of the American Academy of Sleep Medicine
https://www.readbyqxmd.com/read/28728323/analysis-of-the-legal-effect-of-settlement-agreements-prepared-in-medical-litigation-following-plastic-surgery-in-korea
#6
Jung Woo Kwon, Bo Young Park, So Ra Kang, Seung Eun Hong
BACKGROUND: Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. METHODS: Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea...
July 2017: Archives of Plastic Surgery
https://www.readbyqxmd.com/read/28726026/euthanasia-global-scenario-and-its-status-in-india
#7
REVIEW
Raghvendra Singh Shekhawat, Tanuj Kanchan, Puneet Setia, Alok Atreya, Kewal Krishan
The legal and moral validity of euthanasia has been questioned in different situations. In India, the status of euthanasia is no different. It was the Aruna Ramachandra Shanbaug case that got significant public attention and led the Supreme Court of India to initiate detailed deliberations on the long ignored issue of euthanasia. Realising the importance of this issue and considering the ongoing and pending litigation before the different courts in this regard, the Ministry of Health and Family Welfare, Government of India issued a public notice on May 2016 that invited opinions from the citizens and the concerned stakeholders on the proposed draft bill entitled The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill...
July 19, 2017: Science and Engineering Ethics
https://www.readbyqxmd.com/read/28719545/social-media-in-pediatric-orthopaedics
#8
Sarah T Lander, James O Sanders, Peter C Cook, Natasha T O'Malley
BACKGROUND: Internet searches and social media utilization in health care has exploded over the past 5 years, and patients utilize it to gain information on their health conditions and physicians. Social media has the potential to serve as a means for education, communication, and marketing in all health care specialties. Physicians are sometimes reluctant to engage because of concerns of privacy, litigation, and lack of experience with this modality. Many surgical subspecialties have capitalized on social media but no study to date has examined the specific footprint of pediatric orthopaedic surgeons in this realm...
July 17, 2017: Journal of Pediatric Orthopedics
https://www.readbyqxmd.com/read/28719084/defending-a-never-event
#9
John R Shepperd
There are medical mishaps that have been deemed "Never Events" by the Centers for Medicare & Medicaid Services (CMS). This term refers generally to preventable occurrences so egregious that they should never occur. But they do occur. And when they do, litigation often follows. This article focuses on one such Never Event-the operating room fire-with strategies on how to defend it. Information provided in this article was derived from a review of the relevant literature and from the author's personal experience defending lawsuits arising from Never Events, including a jury trial involving a surgeon who was sued for a patient's injuries after a fire erupted in the operating room...
July 2017: Journal of Healthcare Risk Management: the Journal of the American Society for Healthcare Risk Management
https://www.readbyqxmd.com/read/28703909/examination-of-the-pharmacology-of-oxytocin-and-clinical-guidelines-for-use-in-labor
#10
Katie Page, William F McCool, Mamie Guidera
The use of exogenous oxytocin to induce or augment labor has increased in recent years. This literature-informed review examines the action of this medication and the potential associated complications, with an evaluation of current professional practice guidelines. A brief history of the use of exogenous oxytocin for labor induction or augmentation is presented. In addition, risk management strategies for the prevention of oxytocin-related adverse outcomes and subsequent litigation are identified.
July 13, 2017: Journal of Midwifery & Women's Health
https://www.readbyqxmd.com/read/28702921/acl-return-to-sport-guidelines-and-criteria
#11
REVIEW
George J Davies, Eric McCarty, Matthew Provencher, Robert C Manske
PURPOSE OF REVIEW: Because of the epidemiological incidence of anterior cruciate ligament (ACL) injuries, the high reinjury rates that occur when returning back to sports, the actual number of patients that return to the same premorbid level of competition, the high incidence of osteoarthritis at 5-10-year follow-ups, and the effects on the long-term health of the knee and the quality of life for the patient, individualizing the return to sports after ACL reconstruction (ACL-R) is critical...
July 12, 2017: Current Reviews in Musculoskeletal Medicine
https://www.readbyqxmd.com/read/28692359/prevention-of-limb-length-discrepancy-in-total-hip-arthroplasty
#12
Babar Kayani, Jurek Pietrzak, Fahad S Hossain, Sujith Konan, Fares S Haddad
Total hip arthroplasty is a highly effective and cost-efficient procedure but postoperative limb length discrepancy is a common source of patient dissatisfaction and litigation. This article provides a systematic, stepwise approach for identifying and proactively managing risk factors associated with limb length discrepancy following total hip arthroplasty. This review explores preoperative history taking, clinical examination, radiological templating, implant positioning, soft tissue balancing, and intraoperative surgical techniques for minimizing leg length discrepancy while maintaining stability and restoring mechanical function following total hip arthroplasty...
July 2, 2017: British Journal of Hospital Medicine
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
#13
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...
June 30, 2017: Neurologia Medico-chirurgica
https://www.readbyqxmd.com/read/28673825/the-medico-legal-landscape-of-spine-surgery-how-do-surgeons-fare
#14
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/28663181/viewing-health-equity-through-a-legal-lens-title-vi-of-the-1964-civil-rights-act
#15
Sara Rosenbaum, Sara Schmucker
Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services...
June 29, 2017: Journal of Health Politics, Policy and Law
https://www.readbyqxmd.com/read/28661242/the-affordable-care-act-s-day-s-in-court
#16
Mark A Hall
This article reviews the primary avenues of judicial challenge to the ACA, focusing on those that have reached, or have the potential to reach, the Supreme Court. The review demonstrates how deep-seated public policy opposition can be expressed through litigation.
December 2016: Journal of Law, Medicine & Ethics: a Journal of the American Society of Law, Medicine & Ethics
https://www.readbyqxmd.com/read/28657986/the-truth-behind-transvaginal-mesh-litigation-devices-timelines-and-provider-characteristics
#17
Colby P Souders, Karyn S Eilber, Lynn McClelland, Lauren N Wood, Alexander R Souders, Vicki Steiner, Jennifer Tash Anger
OBJECTIVES: Following Food and Drug Administration communications about the safety of transvaginal prolapse, more than 73,000 patients with complications from treatment of pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have filed product liability claims. This research analyzes the transvaginal mesh claims filed in the United States to identify key characteristics that may inform clinical decision-making. METHODS: We evaluated a 1% random sample from the Bloomberg Law Database: 2000 to 2014 and associated legal documents...
June 27, 2017: Female Pelvic Medicine & Reconstructive Surgery
https://www.readbyqxmd.com/read/28655486/vaginal-atrophy-in-breast-cancer-survivors-attitude-and-approaches-among-oncologists
#18
Nicoletta Biglia, Valentina Elisabetta Bounous, Marta D'Alonzo, Laura Ottino, Valentina Tuninetti, Elisabetta Robba, Tania Perrone
BACKGROUND: Vulvovaginal atrophy (VVA) is a relevant problem for breast cancer survivors (BCSs), in particular for those who receive aromatase inhibitors (AIs). We conducted a survey, to assess the attitude of oncologists toward the diagnosis and treatment of VVA in BCSs. MATERIALS AND METHODS: In 2015, 120 computer-assisted Web interviews were performed among breast oncologists. RESULTS: According to oncologists' perceptions, 60% of postmenopausal BCSs and 39...
May 19, 2017: Clinical Breast Cancer
https://www.readbyqxmd.com/read/28648408/nhsla-litigation-in-hip-fractures-lessons-learnt-from-nhsla-data
#19
Joseph Ring, Christopher Talbot, Charlotte Cross, Kunal Hinduja
Hip fractures are a major cause of trauma related death, usually occurring in vulnerable elderly patients. There are an estimated 70,000 hip fractures in the UK per year with numbers set to rise. The estimated annual cost to the healthcare economy is in the region of £2 billion. A 17-year review examining litigation related to hip fractures was undertaken. Under a freedom of information request, data was obtained relating to all orthopaedic claims made to the NHS Litigation Authority (NHSLA) between 1995 and 2012...
June 19, 2017: Injury
https://www.readbyqxmd.com/read/28644057/the-implementation-of-medical-monitoring-programs-following-potentially-hazardous-exposures-a-medico-legal-perspective
#20
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")...
June 23, 2017: Clinical Toxicology
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