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https://www.readbyqxmd.com/read/29161410/autonomy-affinity-and-the-assessment-of-damages-acb-v-thomson-medical-pte-ltd-2017-sgca-20-and-shaw-v-kovak-2017-ewca-civ-1028
#1
Craig Purshouse
In ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028, the idea that 'lost autonomy' should be recognised as a new form of actionable damage in the tort of negligence was rejected in Singapore and England, respectively. This, it will be argued, was the correct outcome. Protecting an interest in autonomy via the tort of negligence would undermine the coherence of that tort. In ACB, however, a new, different, form of damage was recognised: loss of 'genetic affinity'. This commentary will discuss some problems that protecting an interest in 'genetic affinity' raises before critiquing the approach to assessing damages in ACB...
November 17, 2017: Medical Law Review
https://www.readbyqxmd.com/read/29130271/the-impact-of-state-medical-malpractice-reform-on-individual-level-health-care-expenditures
#2
Hao Yu, Michael Greenberg, Amelia Haviland
BACKGROUND: Past studies of the impact of state-level medical malpractice reforms on health spending produced mixed findings. Particularly salient is the evidence gap concerning the effect of different types of malpractice reform. This study aims to fill the gap. It extends the literature by examining the general population, not a subgroup or a specific health condition, and controlling for individual-level sociodemographic and health status. METHODS: We merged the Database of State Tort Law Reforms with the Medical Expenditure Panel Survey between 1996 and 2012...
December 2017: Health Services Research
https://www.readbyqxmd.com/read/29096914/the-medical-incapacity-hold-a-policy-on-the-involuntary-medical-hospitalization-of-patients-who-lack-decisional-capacity
#3
Erick H Cheung, Jonathan Heldt, Thomas Strouse, Paul Schneider
BACKGROUND: Medically hospitalized patients who lack decisional capacity may request, demand, or attempt to leave the hospital despite grave risk to themselves. The treating physician in this scenario must determine how to safeguard such patients, including whether to attempt to keep them in the hospital. However, in many jurisdictions, there are no laws that address this matter directly. In this absence, psychiatrists are often called upon to issue an involuntary psychiatric hold (civil commitment) to keep the patient from leaving...
September 21, 2017: Psychosomatics
https://www.readbyqxmd.com/read/29068289/medical-malpractice-reform-a-fix-for-a-problem-long-out-of-fashion
#4
Richard Mark Kirkner
State tort reforms have all but relegated the malpractice crisis to the history books. But there's good news for those of you into all things retro: The House of Representatives just voted to fix the malpractice crisis by a 222-197 margin.
October 2017: Managed Care
https://www.readbyqxmd.com/read/29034379/medical-malpractice-an-introduction-for-the-dental-practitioner
#5
Inbal Blau, Liran Levin
With the plethora of medical malpractice claims, health care providers are forced to deal not only with medical matters but also with legal issues. Thus, unfortunately, every time health care providers give a medical treatment, they should be aware of the legal implications of their act. Most medical malpractice cases will be resolved in civil law and will have financial implications, but in extreme cases (such as causing death by negligence) criminal procedure may also be conducted, meaning criminal sanctions (imprisonment or fine)...
2017: Quintessence International
https://www.readbyqxmd.com/read/28809585/patient-autonomy-and-doctor-s-concern-a-case-of-intravenous-drug-abuser
#6
Alok Atreya, Tanuj Kanchan, Rajeev K Shah
Intravenous substance abuse is often associated with physical and psychological harm, and often requires urgent medical attention. We report a case of a young male who presented with life-threatening complications of intravenous drug abuse, but refused to give details or agree to the proposed treatment, raising concerns for the team of doctors. A compos mentis patient has a right to decide what should be done to his body. Medical management or surgical interventions cannot be initiated without the patient's consent even if these are lifesaving procedures, or a procedure meant to benefit the patient...
January 1, 2017: Medico-legal Journal
https://www.readbyqxmd.com/read/28697119/when-guild-interests-and-professional-obligations-collide
#7
Howard Minkoff, Jeffrey Ecker
Physicians who work in medical organizations are called on to fulfill two roles: guild members who work to advance physician interests (eg, lobbying for tort reform) and professional society members who work to advance patient interests (eg, developing clinical guidelines). Most often, physicians' self-interest and their interest in patient well-being align. When they do not, members of a guild or profession may justify the prioritization of self-interest with a form of motivated reasoning (a process wherein physicians weigh data differently depending on whether it supports their a priori beliefs)...
August 2017: Obstetrics and Gynecology
https://www.readbyqxmd.com/read/28434458/relationship-between-state-malpractice-environment-and-quality-of-health-care-in-the-united-states
#8
Karl Y Bilimoria, Jeanette W Chung, Christina A Minami, Min-Woong Sohn, Emily S Pavey, Jane L Holl, Michelle M Mello
BACKGROUND: One major intent of the medical malpractice system in the United States is to deter negligent care and to create incentives for delivering high-quality health care. A study was conducted to assess whether state-level measures of malpractice risk were associated with hospital quality and patient safety. METHODS: In an observational study of short-term, acute-care general hospitals in the United States that publicly reported in the Centers for Medicaid & Medicare Services Hospital Compare in 2011, hierarchical regression models were used to estimate associations between state-specific malpractice environment measures (rates of paid claims, average Medicare Malpractice Geographic Practice Cost Index [MGPCI], absence of tort reform laws, and a composite measure) and measures of hospital quality (processes of care, imaging utilization, 30-day mortality and readmission, Agency for Healthcare Research and Quality Patient Safety Indicators, and patient experience from the Hospital Consumer Assessment of Healthcare Providers and Systems [HCAHPS])...
May 2017: Joint Commission Journal on Quality and Patient Safety
https://www.readbyqxmd.com/read/28314501/legal-and-regulatory-barriers-to-reverse-innovation
#9
Virginia Rowthorn, Alexander J Plum, John Zervos
BACKGROUND: Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers...
November 2016: Annals of Global Health
https://www.readbyqxmd.com/read/28276144/malpractice-reduction-and-standardisation-of-care-two-sides-of-the-same-coin
#10
S L Clark
No abstract text is available yet for this article.
August 2017: BJOG: An International Journal of Obstetrics and Gynaecology
https://www.readbyqxmd.com/read/28248469/medical-malpractice-and-tort-reform
#11
Melissa D Berry, Elizabeth Polking, Robert White
No abstract text is available yet for this article.
December 27, 2016: Issue Brief of the Health Policy Tracking Service
https://www.readbyqxmd.com/read/28216771/filicide-in-the-united-states
#12
Phillip J Resnick
In the United States the Accreditation Council of Graduate Medical Education determines the curriculum required for fellows in forensic psychiatry to become board certified as a subspecialist. Areas that must be covered during the one year fellowship include criminal issues, such as insanity; civil issues, such as tort law and Workers' Compensation; legal regulation of psychiatry, such as confidentiality and involuntary hospitalization; and correctional psychiatry issues, such as dual agency and prisoner's rights...
December 2016: Indian Journal of Psychiatry
https://www.readbyqxmd.com/read/28017813/association-between-state-medical-malpractice-environment-and-postoperative-outcomes-in-the-united-states
#13
Christina A Minami, Catherine R Sheils, Emily Pavey, Jeanette W Chung, Jonah J Stulberg, David D Odell, Anthony D Yang, David J Bentrem, Karl Y Bilimoria
BACKGROUND: The US medical malpractice system assumes that the threat of liability should deter negligence, but it is unclear whether malpractice environment affects health care quality. We sought to explore the association between state malpractice environment and postoperative complication rates. STUDY DESIGN: This observational study included Medicare fee-for-service beneficiaries undergoing one of the following operations in 2010: colorectal, lung, esophageal, or pancreatic resection, total knee arthroplasty, craniotomy, gastric bypass, abdominal aortic aneurysm repair, coronary artery bypass grafting, or cystectomy...
March 2017: Journal of the American College of Surgeons
https://www.readbyqxmd.com/read/28011159/the-impact-of-state-tort-reforms-on-imaging-utilization
#14
Suhui Li, Avi Dor, Darwyyn Deyo, Danny R Hughes
PURPOSE: Defensive medicine, broadly defined as medical practices that protect physicians from malpractice lawsuits without providing benefits to patients, can lead to wasteful use of health care resources and higher cost. Although physicians cite malpractice liability as an important factor driving their decisions to order imaging tests, little research has been done to examine the systematic impact of liability pressure on overall imaging. The authors examined the extent to which radiography use is influenced by malpractice liability pressure among office-based physicians...
February 2017: Journal of the American College of Radiology: JACR
https://www.readbyqxmd.com/read/28009242/an-analysis-of-malpractice-litigation-related-to-the-management-of-brain-aneurysms
#15
Raghav Gupta, Christoph J Griessenauer, Justin M Moore, Nimer Adeeb, Apar S Patel, Christopher S Ogilvy, Ajith J Thomas
OBJECTIVE Given the highly complex and demanding clinical environment in which neurosurgeons operate, the probability of facing a medical malpractice claim is high. Recent emphasis on tort reform within the political sphere has brought this issue to the forefront of medical literature. Despite the widespread fear of litigation in the medical community, few studies have provided an analysis of malpractice litigation in the field. Here, the authors attempt to delineate the medicolegal factors that impel plaintiffs to file medical malpractice claims related to the management of brain aneurysms, and to better characterize the nature of these lawsuits...
November 2017: Journal of Neurosurgery
https://www.readbyqxmd.com/read/27916363/tipping-the-scales-educating-surgeons-about-medical-malpractice
#16
Steven E Raper, Johncy Joseph, Wilda G Seymour, Patricia G Sullivan
BACKGROUND: In Pennsylvania, medical malpractice premiums are a major cost to surgeons. Yet surgeons often have little if any education in the basics of tort litigation or how to manage their risk. This work describes one approach for educating academic faculty surgeons on current concepts of medical malpractice and provide some guidance on how to "tip the scales of justice"; or minimize the risks of being named in a malpractice claim. MATERIALS AND METHODS: The course had five parts: the basics of medical malpractice, the cost of malpractice insurance, current departmental claims experience, strategies for decreasing the risk of being named in a claim, and an overview of malpractice reforms...
November 2016: Journal of Surgical Research
https://www.readbyqxmd.com/read/27873571/the-determinants-of-defensive-medicine-practices-in-belgium
#17
Tom Vandersteegen, Wim Marneffe, Irina Cleemput, Dominique Vandijck, Lode Vereeck
In 2010 the Belgian government introduced a low cost administrative procedure for compensating medical injuries to overcome the major shortcomings of the existing tort system. This paper examines, for the first time, to what extent this reform had an impact on physician specialists' defensive practices and what are the relevant determinants affecting physicians' clinical decision making. Based on a survey of 508 physicians, we find evidence of a relatively modest increase in defensive practices among physicians in various specialties...
November 22, 2016: Health Economics, Policy, and Law
https://www.readbyqxmd.com/read/27813058/resolving-malpractice-claims-after-tort-reform-experience-in-a-self-insured-texas-public-academic-health-system
#18
William M Sage, Molly Colvard Harding, Eric J Thomas
OBJECTIVE: To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. DATA SOURCES/STUDY SETTING: Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation...
December 2016: Health Services Research
https://www.readbyqxmd.com/read/27803267/what-s-the-rush-tort-laws-and-elective-early-term-induction-of-labor
#19
Louise Marie Roth
Tort laws aim to deter risky medical practices and increase accountability for harm. This research examines their effects on deterrence of a high-risk obstetric practice in the United States: elective early-term (37-38 weeks gestation) induction of labor. Using birth certificate data from the Natality Detail Files and state-level data from publicly available sources, this study analyzes the effects of tort laws on labor induction with multilevel models (MLM) of 665,491 early-term births nested in states. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and Proportionate Liability (PL) is associated with significantly lower odds compared to Joint and Several Liability (JSL)...
December 2016: Journal of Health and Social Behavior
https://www.readbyqxmd.com/read/27579146/telemedicine-the-legal-framework-or-the-lack-of-it-in-europe
#20
Vera Lúcia Raposo
In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC...
2016: GMS Health Technology Assessment
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