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Malpractice claims

Justin Morgenstern, Corey Heitz, Chris Bond, William K Milne
This is a retrospective observational study using a large malpractice claims database to compare emergency medicine malpractice claims involving trainees (resident physicians) to those not involving trainees. The Comparative Benchmarking System database covers more than 400 hospitals and 165,000 physicians, representing more than 30% of all malpractice claims in the United States. Malpractice claims were coded in a number of domains, including average payment, case severity, allegation type, whether a procedure was involved, the final diagnosis, and contributing factors...
October 11, 2018: Academic Emergency Medicine: Official Journal of the Society for Academic Emergency Medicine
Saskia Scholten, Julia Velten, Maja Kintscher, Anita Pataki, Jürgen Margraf
Unprofessional psychotherapy damages its otherwise good standing. For that reason, a public discussion about malpractice and unethical psychotherapist behavior is oftentimes missing even though addressing the topic openly could illustrate its rarity and promote a professional handling of psychotherapeutic misconduct. In the presented study, qualitative content analysis was conducted to analyze malpractice claims that were sent to the Psychotherapeutic Chamber of North Rhine-Westphalia (Germany) in 2011 and 2012...
September 2018: Psychotherapie, Psychosomatik, Medizinische Psychologie
Christopher Austin, Fred Kusumoto
Medical professional liability (MPL), traditionally known as medical malpractice, affects most electrophysiologists some point during their career, either directly through personal experience or indirectly by the experiences of colleagues. Despite this, most physicians struggle to accurately describe MPL in the context of clinical practice. Providers know little about the outcomes of malpractice claims as reporting of settled or litigated MPL cases is sparse in the medical literature. In the USA, individual patients can file a malpractice claim in a tort-based system, whereas in other parts of the world, no-fault malpractice systems are increasingly prevalent...
October 1, 2018: Journal of Interventional Cardiac Electrophysiology: An International Journal of Arrhythmias and Pacing
Karen B Domino
No abstract text is available yet for this article.
October 2018: Anaesthesia, Critical Care & Pain Medicine
Kimberly M Glerum, Steven M Selbst, P Divya Parikh, Mark R Zonfrillo
OBJECTIVES: This study aimed to provide an assessment of medical malpractice claims involving pediatric patients cared for in emergency department and urgent care settings. METHODS: We performed a retrospective review of all closed malpractice claims involving children (0-17 years old) originating from emergency department or urgent care centers from the Physician Insurers Association of America's Data Sharing Project database for a 15-year period (2001-2015). Reported data collected include medical specialty involved, medical diagnoses, chief medical factors, severity of resulting injury, claim disposition, average indemnity, and average defense costs...
September 11, 2018: Pediatric Emergency Care
Luuk Wansink, Maybritt I Kuypers, Tom Boeije, Crispijn L van den Brand, Manon de Waal, Joris Holkenborg, Ewoud Ter Avest
BACKGROUND: Over the past two decades, several quality improvement projects have been implemented in emergency departments (EDs) in the Netherlands, one of these being the training and deployment of emergency physicians. In this study we aim to perform a trend analysis of ED quality of care in Dutch hospitals, as measured by the incidence of medical malpractice claims. PATIENTS AND METHODS: We performed a multicentre retrospective cohort study of malpractice claims in five Dutch EDs over the period 1998-2014...
September 1, 2018: European Journal of Emergency Medicine: Official Journal of the European Society for Emergency Medicine
M M Veerman, L A van der Woude, M A Tellier, J Legemaate, M R Scheltinga, L P S Stassen, W K G Leclercq
OBJECTIVE: An inadequate surgical informed consent process (SIC) may result in a medical malpractice claim or medical disciplinary board (MDB) complaint. Aim of this study was to analyse characteristics of a decade of malpractice claims and MDB decisions regarding SIC in the Netherlands. METHODS: A retrospective analysis of malpractice claims and MDB decisions concerning SIC disputes in four major surgical specialties was conducted based on company data from the largest medical malpractice insurance company and two public available online MDB databases...
August 29, 2018: Patient Education and Counseling
Beiqun Zhao, Luis C Cajas-Monson, Sonia Ramamoorthy
BACKGROUND: Medical malpractice is a source of stress and cost to physicians. Little is known about how it impacts resident physicians. METHODS: We analyzed data from the Comparative Benchmarking System between 2007 and 2016. We also surveyed surgery residents at our institution regarding malpractice in training. RESULTS: 4% of cases identified a resident physician and 32% involved a surgical specialty. Common allegations were "improper performance of surgery" and "improper management of surgical patient"...
August 23, 2018: American Journal of Surgery
Thomas Beez, Hans-Jakob Steiger, Beate Weber, Sebastian Alexander Ahmadi
PURPOSE: There is limited data regarding malpractice claims in pediatric neurosurgery. Aim of this study was to analyze the rate, subject, and outcome of malpractice claims faced by pediatric neurosurgeons. METHODS: We analyzed malpractice claims in pediatric neurosurgical patients assigned to the review board of North Rhine Medical Council from 2012 to 2016. Claims were categorized as "medical error" or "adverse event, no medical error." Severity was graded from negligible (grade 1) to death (grade 6)...
August 29, 2018: Child's Nervous System: ChNS: Official Journal of the International Society for Pediatric Neurosurgery
Angela Ai, Sonali Desai, Andrea Shellman, Adam Wright
BACKGROUND: Delayed or incomplete test result follow-up, which can lead to missed and/or delayed diagnosis, is an important issue in the ambulatory setting. Delayed test result follow-up has been linked to poorer patient outcomes and increased risk of mortality and accounts for a large portion of medical malpractice claims. Yet improvements are difficult, reflecting the complexity of the test result follow-up process. Test result follow-up safety culture was investigated using qualitative and quantitative patient safety and quality of care data at an academic medical center...
August 16, 2018: Joint Commission Journal on Quality and Patient Safety
M B Casali, A Blandino, S Del Sordo, G Vignali, S Novello, G Travaini, M Berlusconi, U Genovese
BACKGROUND: Medical malpractice is an important topic worldwide, and orthopedics is a clinical branch that is considered to be at a high risk for claims. The analysis of a series of medmal insurance claims allows forensic pathologists, clinicians, and insurance companies to probe the risk of a specific clinical branch for medical malpractice claims and highlights areas where care may be improved. We investigated the main features of a major Italian insurance broker's archive in order to identify recurrent pitfalls in this field...
July 27, 2018: Journal of Orthopaedics and Traumatology: Official Journal of the Italian Society of Orthopaedics and Traumatology
J Arimany Manso, C Martin Fumadó, J M Mascaró Ballester
Clinical safety and medical liability are first-order concerns in today's medical practice. It is important to understand the circumstances under which medical acts fail to live up to the accepted standard of care and to recognize the impact that malpractice claims have on physicians. Practitioners must also grasp the concept of medical error, studying malpractice claims in order to identify the areas where improvement is needed. The risk of accusations of malpractice in dermatology is comparatively low, both in Spain and worldwide...
August 1, 2018: Actas Dermo-sifiliográficas
Sushmitha P Diraviam, Patricia G Sullivan, John A Sestito, Mary Ellen Nepps, Justin T Clapp, Lee A Fleisher
BACKGROUND: The University of Pennsylvania Health System (UPHS) implemented a risk reduction strategy in response to high malpractice costs and the broader implications these trends had for patient safety and quality. A key component of this strategy was the Risk Reduction Initiative (RRI), which uses a bottom-up approach to actively engage physicians in risk mitigation and malpractice reduction within their respective departments. METHODS: The value of clinical communities in achieving common goals has been previously recognized in quality improvement efforts...
October 2018: Joint Commission Journal on Quality and Patient Safety
Yen-Yi Juo, Catherine Lewis, Christina Hanna, Howard A Reber, Areti Tillou
OBJECTIVE: Familiarize surgery residents with medicolegal knowledge and skills required when facing the prospect of being sued through a simulation session. DESIGN: The general surgery residency, hospital risk management, and malpractice attorneys collaboratively organized an educational intervention, consisting of an introductory lecture followed by a mock lawsuit. Two medical malpractice attorneys acted as defense and plaintiff attorneys while an attending surgeon experienced in litigation acted as defendant...
July 26, 2018: Journal of Surgical Education
E L Gómez-Durán, C Martin-Fumadó, J Benet-Travé, J Arimany-Manso
Professional liability and patient safety are worldwide concerns and efforts to identify claimed physicians' characteristics cross borders. Interventions with "at risk populations" would help to better address the underlying problems that lead to many claims. We analyzed physicians' characteristics of every paid claim between 2005 and 2014 in Catalonia region (Spain). We identified 808 physicians involved in 725 paid claims. A total of 12.38% physicians had at least two paid claims over the study period...
August 2018: Journal of Forensic and Legal Medicine
M Lindmark, K Strigård, P Nordin, U Gunnarsson
BACKGROUND AND AIMS: The Swedish National Patient Insurance Company (LÖF) can compensate patients who believe they have been exposed to an avoidable injury or malpractice in healthcare. Its register covers 95% of Swedish healthcare providers. MATERIAL AND METHODS: Data on patients operated for primary or incisional ventral hernia in Sweden between 2010 and 2015 and who had filed a claim, were retrieved from LÖF. A total of 290 cases were identified and included...
June 1, 2018: Scandinavian Journal of Surgery: SJS
Samia Massalha, Owen Clarkin, Rebecca Thornhill, Glenn Wells, Benjamin J W Chow
Noninvasive cardiac imaging is widely used for the diagnosis and management of cardiac patients. The increasing demand for cardiac imaging begins to exceed the number of available interpreting physicians, leaving less time to interpret studies. In addition, the busy clinician is facing the increasingly daunting task of keeping abreast of current medical advancements and the ongoing changes in disease diagnosis and therapy. Committing to memory and recalling such large volumes of information is challenging and is responsible for difficulties in adopting the rapid changes in imaging practice, and is likely partially responsible for errors in patient diagnosis and management...
July 2018: Canadian Journal of Cardiology
Nicole D Rynecki, Daniel Coban, Owen Gantz, Raghav Gupta, Varun Ayyaswami, Arpan V Prabhu, Jeremy Ruskin, Sheldon S Lin, Kathleen S Beebe
A recent study that evaluated the risk of facing a malpractice claim by physician specialty found that orthopedic surgeons were at a significantly greater risk of being sued than other medical specialists. To date, no studies have characterized trends in orthopedic surgery malpractice claims. The Westlaw legal database was used to locate state and federal jury verdicts and settlements related to medical malpractice and orthopedic surgery from 2010 to 2016. Eighty-one cases were analyzed. The mean age of the affected patients and/or plaintiffs was 53...
September 1, 2018: Orthopedics
Santo Davide Ferrara, Guido Viel
OBJECTIVES: The manuscript deals with personalized medicine and medical liability in Europe and Italy, addressing the importance of synergistic collaboration between clinical and medico-legal professionals in order to appropriately investigate medical errors and prevent any future adverse event. METHODS: Following a rapid epidemiological overview of mala praxis in Europe, the manuscript presents and discusses the International Guidelines developed and adopted by the International Academy of Legal Medicine (IALM), which guide the work of the medical experts under both criminal and/or civil law...
November 2017: Giornale Italiano di Medicina del Lavoro Ed Ergonomia
Jan Norum, Lise Balteskard, Mette Willumstad Thomsen, Hebe Desiree Kvernmo
Rough weather conditions in the subarctic areas of Norway may influence on the risk of wrist fracture. We implemented data from the Norwegian System of Patient Injury Compensation (NPE). All claims due to wrist surgery, performed at the public hospitals in Northern Norway, during 2005-2014 were analyzed. We employed the ICD-10 classification codes S52.5 (fracture of distal end of radius) and S52.6 (fracture of distal end of radius and ulna). Treatment was defined by NCSP codes. 84 patients (0.3%) complained...
December 2018: International Journal of Circumpolar Health
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