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Litigation

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https://www.readbyqxmd.com/read/28820774/the-experience-of-litigation-from-the-perspective-of-midwives-in-iran
#1
Akram Peyman, Nahid Dehghan Nayeri, Mohammad Esmaeilpour Bandboni, Zahra Behboodi Moghadam
INTRODUCTION: Errors and notices to appear in court are a reality of life for many midwives and exert significant effects on both their professional and personal lives. Given the increasing population policies in place, this study was conducted to examine midwives' experiences of litigation in Iran. METHODS: A qualitative study was conducted in 2014 using an interpretive phenomenological approach. The interviews were recorded and transcribed and were then analyzed using the Diekelmann method...
July 2017: Journal of Forensic Nursing
https://www.readbyqxmd.com/read/28816610/tobacco-control-law-implementation-in-a-middle-income-country-transnational-tobacco-control-network-overcoming-tobacco-industry-opposition-in-colombia
#2
Randy Uang, Eric Crosbie, Stanton A Glantz
The objective of this paper is to examine the implementation of Colombia's tobacco control law. Methods involved are triangulated government legislation, news sources, and interviews with policy-makers and health advocates in Colombia. Colombia, a middle-income country, passed a tobacco control law in 2009 that included a prohibition on tobacco advertising, promotion, and sponsorship; and required pictorial health warning labels, ingredients disclosure, and a prohibition on individual cigarette sales. Tobacco companies challenged the implementation through litigation, tested government enforcement of advertising provisions and regulations on ingredients disclosure, and lobbied local governments to deprioritise policy responses to single cigarette sales...
August 17, 2017: Global Public Health
https://www.readbyqxmd.com/read/28801470/litigation-provides-clues-to-ongoing-challenges-in-implementing-insurance-parity
#3
Kelsey N Berry, Haiden A Huskamp, Howard H Goldman, Lainie Rutkow, Colleen L Barry
Over the past twenty-five years, thirty-seven states and the US Congress have passed mental health and substance use disorder (MH/SUD) parity laws to secure nondiscriminatory insurance coverage for MH/SUD services in the private health insurance market and through certain public insurance programs. However, in the intervening years, litigation has been brought by numerous parties alleging violations of insurance parity. We examine the critical issues underlying these legal challenges as a framework for understanding the areas in which parity enforcement is lacking, as well as ongoing areas of ambiguity in the interpretation of these laws...
August 11, 2017: Journal of Health Politics, Policy and Law
https://www.readbyqxmd.com/read/28792819/clinical-negligence-litigation-balancing-the-interests
#4
John Tingle
John Tingle, Reader in Health Law at Nottingham Trent University, discusses a recent report by the Medical Protection Society on the need to control the costs of clinical negligence litigation.
August 10, 2017: British Journal of Nursing: BJN
https://www.readbyqxmd.com/read/28791224/midurethral-slings-in-the-mesh-litigation-era
#5
REVIEW
John Chang, Dominic Lee
Stress urinary incontinence (SUI) has always been a major health issue for women. With the progression of technology and surgical techniques, mid urethral slings (MUS) used in both transvaginal and transobturator routes have become the gold standard in the treatment of SUI. There is ample short to mid-term data confirming the efficacy and safety in using MUS in treating SUI in women. However, long-term data supporting the use of MUS in women to treat SUI is scarce. There has been much controversy surrounding the US Food and Drug Administrations' (FDA) public notification of potential complications surrounding the use of transvaginal mesh, which has been magnified and generalised by the media; but despite this there has still been substantial growth and uptake of MUS for treating SUI...
July 2017: Translational Andrology and Urology
https://www.readbyqxmd.com/read/28783841/clearer-and-simpler
#6
Joey Berlin
Over the past several years, static has clouded the screen displaying telemedicine's proper role in health care as musings, arguments, and litigation created a need for real clarity. Now that TMA and other stakeholders put their collective heads together, the picture should clear up significantly. On May 27, Gov. Greg Abbott signed Senate Bill 1107, which allows telemedicine practitioners in Texas to know their requirements when they serve patients via telephone or other audiovisual means.
August 1, 2017: Texas Medicine
https://www.readbyqxmd.com/read/28781019/reported-litigation-associated-with-primary-hip-and-knee-arthroplasty
#7
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/28756785/impact-of-health-technology-assessment-in-litigation-concerning-access-to-high-cost-drugs
#8
Alicia Aleman, Ana Perez Galan
OBJECTIVES: The impact of health technology assessment (HTA) in the judicialization of the right of health has not been deeply studied in Latin American countries. The purpose of this study is to review the process of judicialization of the access to high cost drugs in Uruguay and assess the impact HTAs have had on this process. METHODS: The methodology used for this study included a comprehensive literature search in electronic databases, local journals, internal documents developed in the Ministry of Health, as well as conducting interviews with key informants...
July 31, 2017: International Journal of Technology Assessment in Health Care
https://www.readbyqxmd.com/read/28749484/communication-related-allegations-against-physicians-caring-for-premature-infants
#9
J Nguyen, H Muniraman, M Cascione, R Ramanathan
OBJECTIVE: Maternal-fetal medicine physicians (MFMp) and neonatal-perinatal medicine physicians (NPMp) caring for premature infants and their families are exposed to significant risk for malpractice actions. Effective communication practices have been implicated to decrease litigious intentions but the extent of miscommunication as a cause of legal action is essentially unknown in this population. Analysis of communication-related allegations (CRAs) may help toward improving patient care and physician-patient relationships as well as decrease litigation risks...
July 27, 2017: Journal of Perinatology: Official Journal of the California Perinatal Association
https://www.readbyqxmd.com/read/28745256/-video-recording-and-data-collection-in-the-operating-room-the-way-to-a-just-culture-in-the-or
#10
M P Schijven, D A Legemate, J Legemaate
The Academic Medical Center, Amsterdam, has started a trial to evaluate the usefulness to team debriefings of performance reports generated by a medical data recorder (MDR) in the operating room (OR). Outcome performance reports in structured debriefings in a secure, non-punitive environment are likely to heighten the level of situational awareness of OR teams. This may prevent future error. In addition, the use of video and - even more likely - use of an MDR may contribute to establishing a 'just culture' in the OR...
2017: Nederlands Tijdschrift Voor Geneeskunde
https://www.readbyqxmd.com/read/28738982/safe-practice-recommendations-for-the-use-of-copy-forward-with-nursing-flow-sheets-in-hospital-settings
#11
Emily S Patterson, Dawn M Sillars, Nancy Staggers, Esther Chipps, Laurie Rinehart-Thompson, Valerie Moore, Debora Simmons, Susan D Moffatt-Bruce
BACKGROUND: In early 2016 the Partnership for Health IT Patient Safety released safe practice recommendations for the use of copy-paste for electronic health record (EHR) documentation. These recommendations do not directly address nurses' use of copy-forward to document patient assessments in flow sheet software in hospital settings. Similar to clinicians' use of copy-paste and copy-forward with progress notes, concerns exist about patient safety issues from the use of potential inaccurate or outdated information to achieve increased efficiency of documentation...
August 2017: Joint Commission Journal on Quality and Patient Safety
https://www.readbyqxmd.com/read/28733295/the-impact-of-healthcare-professionals-personality-and-religious-beliefs-on-the-decisions-to-forego-life-sustaining-treatments-an-observational-multicentre-cross-sectional-study-in-greek-intensive-care-units
#12
Asimenia Ntantana, Dimitrios Matamis, Savvoula Savvidou, Kyriaki Marmanidou, Maria Giannakou, Μary Gouva, George Nakos, Vasilios Koulouras
OBJECTIVES: To assess the opinion of intensive care unit (ICU) personnel and the impact of their personality and religious beliefs on decisions to forego life-sustaining treatments (DFLSTs). SETTING: Cross-sectional, observational, national study in 18 multidisciplinary Greek ICUs, with >6 beds, between June and December 2015. PARTICIPANTS: 149 doctors and 320 nurses who voluntarily and anonymously answered the End-of-Life (EoL) attitudes, Personality (EPQ) and Religion (SpREUK) questionnaires...
July 21, 2017: BMJ Open
https://www.readbyqxmd.com/read/28731880/refractive-surgery-malpractice-litigation-outcomes
#13
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
#14
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
#15
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
#16
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
#17
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
#18
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
#19
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
#20
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
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