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Malpractice claims

Leyin Zhou, Heng Li, Chong Li, Guohong Li
AIM: Infantile cerebral palsy (CP) severely affects the survival and quality of life of infants. CP is typically caused by multiple factors, leading to causal uncertainty of the role of medical errors in CP and resulting in frequent medical disputes. No relevant research exists on risk management and malpractice liabilities in CP, including in China. METHOD: A retrospective analysis of 400 CP malpractice litigation cases from 18th June 1999 to 23rd November 2017, collected from China Judgments Online, included basic case information, CP risk factors, medical errors, medical malpractice liability determination, and compensation...
November 25, 2018: Journal of Forensic and Legal Medicine
Pınar Yalcin Balcik, Cuma Cakmak
AIM: The aim of this study is to evaluate medical malpractice cases arising from aesthetic services based on the decisions of the Supreme Court. MATERIAL AND METHODS: In the study, compensation and criminal lawsuits finalized by the civil and penal courts of the Supreme Court were examined retrospectively. All the case law decisions were obtained from the official website of the Supreme Court: Nine hundred and eighty-one decisions were obtained after performing a keyword search in the website; after duplicates and unrelated cases were removed, 81 decisions (N = 81) were evaluated...
November 29, 2018: International Journal of Health Planning and Management
Remi A Kessler, Deborah L Benzil, Joshua Loewenstern, Sabrina Chen, Ansh Bhammar, Karan M Kohli, Constantinos G Hadjipanayis, Alan Scarrow, Joshua Bederson, Raj K Shrivastava
INTRODUCTION: Medical malpractice litigation is an issue of major concern in neurosurgery, with 19.1% of neurosurgeons facing a claim annually. Neurosurgery possesses the greatest risk of malpractice of any specialty, likely due to the complex clinical environment and disease severity. In this study, the authors characterize such litigation to determine common factors that compel plaintiffs to file these claims. METHODS: WestLawNext, a prominent legal database, was utilized to identify all cases from 1985-2016 related to brain tumors...
November 23, 2018: World Neurosurgery
Trevor J Royce, Kathy Dwyer, C Winnie Yu-Moe, Courtney DeRoo, Joseph O Jacobson, Roy B Tishler
BACKGROUND: Medical errors in radiation oncology (RO) practice have received significant national attention over the last decade. Medical errors can lead to malpractice cases. Better characterizing these events can educate providers with the goal of improving patient care. METHODS: The REMOVED FOR BLINDING Comparative Benchmarking System (CBS) represents approximately 30% of all closed US malpractice cases and includes the experience of over 30 academic hospitals...
November 12, 2018: International Journal of Radiation Oncology, Biology, Physics
Sofia Yakren
"Wrongful birth" is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant's negligence, they would have terminated their pregnancy. Accordingly, alongside pro-life activists, disability rights advocates have opposed "wrongful birth" claims for stigmatizing and discriminating against people with disabilities by framing their very existence as a harm...
November 2018: Fordham Law Review
David G Deckey, Adam E M Eltorai, Joseph A Gil, Alan H Daniels
Rotator cuff surgery is a commonly performed and may lead to malpractice litigation. Despite this, there is a paucity of data evaluating outcomes of malpractice litigation following rotator cuff surgery. A retrospective investigation of the VerdictSearch legal claims database following rotator cuff surgery was performed. Plaintiff demographics, reason for litigation, and the effect of surgical complications were assessed as were the proportion of plaintiff rulings and size of payments. In total, 40 cases were analyzed...
September 5, 2018: Orthopedic Reviews
Govind Shantharam, J Mason DePasse, Adam E M Eltorai, Wesley M Durand, Mark A Palumbo, Alan H Daniels
Spinal epidural abscesses (SEA) can be challenging to diagnose and may result in serious adverse outcomes sometimes leading to neurologic compromise, sepsis, and even death. While SEA may lead to litigation for healthcare providers, little is known about the medicolegal factors predicting case outcome of SEA related litigation cases. Three large medicolegal databases (VerdictSearch, Westlaw, and LexisNexis) were queried for SEA-related malpractice cases. Plaintiff (patient) age, sex, previous infection history and clinical outcomes such as residual paraplegia/quadriplegia, and delay in diagnosis or treatment were examined...
September 5, 2018: Orthopedic Reviews
Frances Wang, Sandeep K Krishnan
With increasing healthcare costs and the high cost of spending driven by "defensive medicine," shedding light on recent litigation trends is critical for understanding current tort patterns, especially in the field of cardiology, a specialty with higher rates of malpractice suits than average. Understanding the characteristics of these liability claims and common types of patient injuries can aid cardiologists in mitigating malpractice risk and better patient care. Thus, the objective of this study was to characterize current malpractice trends in the field of cardiology and common sources of patient injury...
September 25, 2018: American Journal of Cardiology
E L Gómez-Durán, M Vizcaíno-Rakosnik, C Martin-Fumadó, J Klamburg, J Padrós-Selma, J Arimany-Manso
OBJECTIVE: Being sued for malpractice is extremely stressful and potentially traumatizing. We aim to identify claims' consequences on the physicians' well-being and medical practice. MATERIAL AND METHODS: We administered a confidential telephonic survey to those physicians with a claim closed during 2014, among those insured by the main professional liability insurance company in the region. The questionnaire addressed several topics: symptoms and well-being changes, needs, impairments and practice changes...
October 22, 2018: Journal of healthcare quality research
David Rabinerson, Galia Oron, Rinnat Gabbay-Benziv
In recent years there is a growing local, as well as global, tendency among obstetricians to end labor by cesarean section in various circumstances. Current literature suggests that the leading factor for this preference is closely related to the amount of malpractice allegations submitted against obstetricians. The extensive use of cesarean sections has its toll in reducing the skills of future obstetricians in handling breech, instrumental and vaginal delivery after cesarean section and vaginal delivery of twins, and other types of deliveries...
October 2018: Harefuah
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
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