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https://www.readbyqxmd.com/read/28539111/written-versus-verbal-consent-a-qualitative-study-of-stakeholder-views-of-consent-procedures-used-at-the-time-of-recruitment-into-a-peripartum-trial-conducted-in-an-emergency-setting
#1
J Lawton, N Hallowell, C Snowdon, J E Norman, K Carruthers, F C Denison
BACKGROUND: Obtaining prospective written consent from women to participate in trials when they are experiencing an obstetric emergency is challenging. Alternative consent pathways, such as gaining verbal consent at enrolment followed, later, by obtaining written consent, have been advocated by some clinicians and bioethicists but have received little empirical attention. We explored women's and staff views about the consent procedures used during the internal pilot of a trial (GOT-IT), where the protocol permitted staff to gain verbal consent at recruitment...
May 24, 2017: BMC Medical Ethics
https://www.readbyqxmd.com/read/28532630/shared-decision-making-as-part-of-value-based-care-new-u-s-policies-challenge-our-readiness
#2
Erica S Spatz, Glyn Elwyn, Benjamin W Moulton, Robert J Volk, Dominick L Frosch
Shared decision making in the United States is increasingly being recognized as part of value-based care. During the last decade, several state and federal initiatives have linked shared decision making with reimbursement and increased protection from litigation. Additionally, private and public foundations are increasingly funding studies to identify best practices for moving shared decision making from the research world into clinical practice. These shifts offer opportunities and challenges for ensuring effective implementation...
May 20, 2017: Zeitschrift Für Evidenz, Fortbildung und Qualität Im Gesundheitswesen
https://www.readbyqxmd.com/read/28529233/the-medicinal-rod-slave-health-and-redhibition-law-in-george-washington-cable-s-i-the-grandissimes-i
#3
Heather Chacón
The economic transactions and litigation necessary for slavery to function, coupled with the South's honor culture, meant skepticism and posturing frequently attended the buying and selling of enslaved people. This atmosphere provided opportunities for enslaved individuals familiar with the symbiotic ways their health and value intertwined to manipulate owners by feigning illness or adopting behaviors contrary to those of a "sound and sane" captive under Louisiana's redhibitory (slave warranty) law. Such actions offered a chance at preserving that which slavery denied its victims: proximity to family, a reduced chance of being sold, and an opportunity to exert agency within a strictly oppressive system...
2017: Literature and Medicine
https://www.readbyqxmd.com/read/28526400/surgeons-opinions-of-legal-practice-in-bile-duct-injury-following-cholecystectomy
#4
Alex Gordon-Weeks, Harsh Samarendra, John de Bono, Zahir Soonawalla, Michael Silva
INTRODUCTION: Litigation for bile duct injury following laparoscopic cholecystectomy places financial strain on the health service, causes significant patient morbidity and adversely affects the patient and surgeon. Claimants argue that the injury itself is evidence of negligence. METHODS: A questionnaire addressing views on BDI causation was sent to members of AUGIS working in the National Health Service, UK. Response themes and responses were compared between groups of surgeons...
May 17, 2017: HPB: the Official Journal of the International Hepato Pancreato Biliary Association
https://www.readbyqxmd.com/read/28508731/submitting-medico-legal-intra-partum-ctg-i-p-ctg-monitoring-to-the-bolam-and-bolitho-principles
#5
George G Buttigieg
The article analyses some of the seeming weaknesses of the Bolam and Bolitho tests as applied to electronic foetal monitoring in labour, in the form of intra-partum CTG monitoring. Homing on to such aspects as confirmation of foetal hypoxia/acidosis, it evaluates the Bolam and Bolitho tests in the context of evidence-based medicine versus traditionally held views, which still hold their own in medical jurisprudence. Case law examples are quoted to illustrate various points. The discussion is of practical relevance both to the individual obstetrician as well as to national budgetary implications, bearing in mind, that, for example, in 2011, 'birth asphyxia' comprised 50% of the UK NHS litigation costs, and in the 2000-2010 decade, the same NHS forked out £3...
June 2017: Medico-legal Journal
https://www.readbyqxmd.com/read/28508698/negative-impact-of-litigation-procedures-on-patient-outcomes-four-years-after-severe-traumatic-brain-injury-results-from-the-paris-traumatic-brain-injury-study
#6
Eléonore Bayen, Claire Jourdan, Idir Ghout, Pascale Pradat-Diehl, Emmanuelle Darnoux, Gaëlle Nelson, Claire Vallat-Azouvi, James Charenton, Philippe Aegerter, Alexis Ruet, Philippe Azouvi
PURPOSE: To analyze the effect of litigation procedures on long-term outcomes in severe traumatic brain injury. MATERIALS AND METHODS: Prospective observational follow-up of an inception cohort including 504 adults with severe traumatic brain injury recruited in 2005-2007 in the Parisian area, France, with initial, one- and four-year outcomes measures. RESULTS: Four years after the traumatic brain injury, 147 patients, out of 257 who survived the acute phase, were assessed...
May 16, 2017: Disability and Rehabilitation
https://www.readbyqxmd.com/read/28505141/a-decade-of-progress-toward-ending-the-intensive-confinement-of-farm-animals-in-the-united-states
#7
Sara Shields, Paul Shapiro, Andrew Rowan
In this paper, the Humane Society of the United States (HSUS) farm animal protection work over the preceding decade is described from the perspective of the organization. Prior to 2002, there were few legal protections for animals on the farm, and in 2005, a new campaign at the HSUS began to advance state ballot initiatives throughout the country, with a decisive advancement in California (Proposition 2) that paved the way for further progress. Combining legislative work with undercover farm and slaughterhouse investigations, litigation and corporate engagement, the HSUS and fellow animal protection organizations have made substantial progress in transitioning the veal, pork and egg industries away from intensive confinement systems that keep the animals in cages and crates...
May 15, 2017: Animals: An Open Access Journal From MDPI
https://www.readbyqxmd.com/read/28504901/tale-of-two-erythropoiesis-stimulating-agents-utilization-dosing-litigation-and-costs-of-darbepoetin-and-epoetin-among-south-carolina-medicaid-covered-patients-with-cancer-and-chemotherapy-induced-anemia
#8
Virginia Noxon, Kevin B Knopf, LeAnn B Norris, Brian Chen, Y Tony Yang, Zaina P Qureshi, William Hrushesky, Akida A Lebby, Benjamin Schooley, Neset Hikmet, Michael Dickson, Mae Thamer, Dennis Cotter, Paul R Yarnold, Charles L Bennett
PURPOSE: The US Food and Drug Administration (FDA) has approved epoetin and darbepoetin for chemotherapy-induced anemia (CIA). Approved epoetin and darbepoetin dosing schedules were three times per week and weekly, respectively, although off-label, less frequent scheduling was common. In 2004, 2007, and 2008, a US Food and Drug Administration Advisory Committees warned of risks associated with erythropoiesis-stimulating agents. During this period, lawsuits alleging illegal darbepoetin marketing practices have concluded, resulting in $1...
May 15, 2017: Journal of Oncology Practice
https://www.readbyqxmd.com/read/28501791/the-jurisprudence-of-emergency-medical-care-in-india-an-ethics-perspective
#9
Edward Premdas Pinto
This paper, which is part of a primary interdisciplinary doctoral research work with a qualitative research design, seeks to understand the ethical principles that intersect healthcare jurisprudence in litigations where citizens, who have encountered death or violations in the provision of critical care, have had to take recourse to the courts to get justice.
April 25, 2017: Indian Journal of Medical Ethics
https://www.readbyqxmd.com/read/28498071/assessment-of-malpractice-claims-due-to-spinal-epidural-abscess
#10
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/28492708/shadows-of-doubt-the-uneasy-incorporation-of-identification-science-into-legal-determination-of-paternity-in-brazil
#11
Sueann Caulfield, Alexandra Minna Stern
The arrival of DNA paternity testing in the 1980s was met with great enthusiasm in the Brazilian courts. Yet, over the past two decades, Brazilian legal doctrine and jurisprudence have increasingly rejected DNA proof as the sine qua non for paternity cases. Instead, DNA paternity testing has generated mountains of litigation, as biological proof has been challenged by the argument that paternity is primarily "socio-affective". Leading family law specialists describe this new conception of paternity as an outcome of the "revolutionary" provisions of the 1988 Constitution, which recognizes the "pluralism" of family forms in modern society and guarantees equal family rights for all children...
May 8, 2017: Cadernos de Saúde Pública
https://www.readbyqxmd.com/read/28492533/gene-patents-still-alive-and-kicking-their-impact-on-provision-of-genetic-testing-for-long-qt-syndrome-in-the-canadian-public-health-care-system
#12
Sarah E Ali-Khan, E Richard Gold
PurposeAlthough the Supreme Court of the United States limited their availability in Association for Molecular Pathology v. Myriad Genetics, gene patents remain important around the world. We examine the situation in Canada, where gene patents continue to exist, in light of recent litigation relating to familial long QT syndrome (LQTS).MethodsWe conducted in-depth semistructured interviews with 25 stakeholders across five Canadian provinces and supplemented this with a case analysis of the litigation.ResultsThe majority of LQTS testing was carried out outside Canada...
May 11, 2017: Genetics in Medicine: Official Journal of the American College of Medical Genetics
https://www.readbyqxmd.com/read/28489715/assessment-of-malpractice-claims-associated-with-acute-compartment-syndrome
#13
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/28476341/missed-acute-appendicitis-on-multidetector-computed-tomography-and-magnetic-resonance-imaging-legal-ramifications-challenges-and-avoidance-strategies
#14
Eitan Sosner, Michael N Patlas, Victoria Chernyak, Abraham H Dachman, Douglas S Katz
The failure to diagnose acute appendicitis (AA) is the third most common medical malpractice allegation related to gastrointestinal disease. There is a paucity of detailed data on this topic; however, publications by Whang et al and by Berlin and Berlin, which analyzed all types of malpractice suits against radiologists, have shown that the incidence of litigation has increased over time in the United States. This is likely true for cases of AA as well. The misinterpretation of cross-sectional imaging in patients with suspected appendicitis may be caused by suboptimal technique, errors of omission, i...
March 18, 2017: Current Problems in Diagnostic Radiology
https://www.readbyqxmd.com/read/28465765/pharmaceutical-patent-litigation-and-the-emerging-biosimilars-a-conversation-with-kevin-m-nelson-jd
#15
Stanton R Mehr
No abstract text is available yet for this article.
February 2017: American Health & Drug Benefits
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)...
April 26, 2017: JAMA Surgery
https://www.readbyqxmd.com/read/28444518/video-based-approach-to-engaging-parents-into-a-preventive-parenting-intervention-for-divorcing-families-results-of-a-randomized-controlled-trial
#17
Emily B Winslow, Sanford Braver, Robert Cialdini, Irwin Sandler, Jennifer Betkowski, Jenn-Yun Tein, Liza Hita, Mona Bapat, Lorey Wheeler, Monique Lopez
The public health impact of evidence-based, preventive parenting interventions has been severely constrained by low rates of participation when interventions are delivered under natural conditions. It is critical that prevention scientists develop effective and feasible parent engagement methods. This study tested video-based methods for engaging parents into an evidence-based program for divorcing parents. Three alternative versions of a video were created to test the incremental effectiveness of different theory-based engagement strategies based on social influence and health behavior models...
April 25, 2017: Prevention Science: the Official Journal of the Society for Prevention Research
https://www.readbyqxmd.com/read/28442205/litigation-related-to-casting-in-orthopaedics-an-analysis-of-claims-against-the-national-health-service-in-england
#18
Jamie A'Court, Rafik Yassa, Charalambos P Charalambous
Orthopaedic casts have been used to treat musculoskeletal conditions for hundreds of years and are still a fundamental component of treating a variety of disorders. As surgical techniques have advanced the frequency of use of orthopaedic casts has declined. With Orthopaedics being is one of the most litigious specialties in medicine we sough to evaluate how this related to casting in Orthopaedics and how we could learn from past mistakes. We analysed litigation claims related to Orthopaedic casts from 1995 to 2010 in which the claims were closed...
April 19, 2017: Injury
https://www.readbyqxmd.com/read/28441614/learning-from-an-analysis-of-closed-malpractice-litigation-involving-myocardial-infarction
#19
Kuan-Han Wu, Yung-Lin Yen, Chien-Hung Wu, Chi-Yuan Hwang, Shih-Yu Cheng
OBJECTIVE: To examine the epidemiologic data, identify the pattern of dispute, and determine clinical litigious errors by analyzing closed malpractice claims involving myocardial infarction (MI) in Taiwanese courts. METHODS: A retrospective descriptive study was performed to analyze the verdicts pertaining to MI from the population-based database of the Taiwan judicial system between 2002 and 2013. The results of adjudication, involved specialists, primary dispute leading to lawsuits, and litigious errors were recorded...
April 13, 2017: Journal of Forensic and Legal Medicine
https://www.readbyqxmd.com/read/28435497/improved-accuracy-and-quality-of-information-during-emergency-department-care-transitions
#20
Nnaemeka Okafor, Justin Mazzillo, Sara Miller, Kimberly A Chambers, Samar Yusuf, Vanessa Garza-Miranda, Yashwant Chathampally
INTRODUCTION: Suboptimal communication during emergency department (ED) care transitions has been shown to contribute to medical errors, sometimes resulting in patient injury and litigation. The study objective was to determine whether a standardized checkout process would decrease the number of relevant missed clinical items (MCI). METHODS: In this prospective pre- and post-intervention study conducted in an urban academic ED, we collected data on omitted or inaccurately conveyed medical information before and after the initiation of a standardized checkout process...
April 2017: Western Journal of Emergency Medicine
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