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Medical tort

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
Peter D Jacobson, Rachel Dahlen
In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered...
August 16, 2016: Journal of Health Politics, Policy and Law
Mohammad Javad Fathi
Crime is a human behavior that has captivated the thoughts of scholars of various disciplines throughout history. Philosophers, sociologists, psychologists and others have investigated and analyzed the concept of crime from different aspects. Crime is the main topic of criminal law, and in its legal meaning is a well-known term with a certain conceptual load that should not be confused with similar concepts such as guilt, civil crime (quasi tort), and particularly, the disciplinary transgression. Although crime has common points with all the above, it is an independent concept with unique effects, features, and descriptions that distinguish it from similar acts...
2016: Journal of Medical Ethics and History of Medicine
Jem Barton-Hanson, Renu Barton-Hanson
The aims of this article are to consider the effects of hindsight bias on findings of negligence in medico-legal litigation and of the potential of the original Bolam direction to eliminate bias from the decision-making process. The Bolam test may have been expanded beyond its appropriate scope in the past, but these excesses have now largely been undone. It will be shown that Bolam still has an important role to play in tort cases. By considering breach of duty cases in which the Bolitho 'gloss' has been applied, attention is drawn to the potential dangers of disregarding practices within the medical profession...
July 8, 2016: Medicine, Science, and the Law
Kui Zhang, Yuan Li, Fei Fan, Xin Liu, Zhen-Hua Deng
A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related...
September 2016: American Journal of Forensic Medicine and Pathology
Eric J Keller, Robert L Vogelzang
Over the last few years, an increasing number of lawsuits have been filed involving inferior vena cava filters. This has prompted the U.S. Judicial Panel on Multidistrict Litigation to centralize these lawsuits into two multidistrict litigations: one for Cook's filters and one for Bard's. Both sets of cases share similar questions of facts, in particular whether these filters' design and manufacturing practices made them unreasonably prone to serious complications. The resolution of these cases will add to a larger legal debate concerning how much legal protection the 1976 Medical Device Amendments should offer firms from tort liability...
June 2016: Seminars in Interventional Radiology
Karl Y Bilimoria, Min-Woong Sohn, Jeanette W Chung, Christina A Minami, Elissa H Oh, Emily S Pavey, Jane L Holl, Bernard S Black, Michelle M Mello, David J Bentrem
CONTEXT: The US medical malpractice system is designed to deter negligence and encourage quality of care through threat of liability. OBJECTIVE: To examine whether state-level malpractice environment is associated with outcomes and costs of colorectal surgery. DESIGN, SETTING, AND PATIENTS: Observational study of 116,977 Medicare fee-for-service beneficiaries who underwent colorectal surgery using administrative claims data. State-level malpractice risk was measured using mean general surgery malpractice insurance premiums; paid claims per surgeon; state tort reforms; and a composite measure...
June 2016: Annals of Surgery
Elena Tarcă, Irina Geanina Crişcov, B Savu, S G Aprodu
The acute scrotum syndrome is a medical-surgical emergency and the recognition of this condition by both healthcare professionals and the general population may result into the patients' coming in earlier for medical examination and into the preservation of the gonad in case of torsion. The purpose of this retrospective analytical research is to point out specific epidemiological aspects in pediatric patients suffering from acute scrotum, and to review the existing diagnosis and treatment options. The study included 208 patients, of whom 16 with vanishing testis and 192 with acute scrotum (torsion of testis 25...
January 2016: Revista Medico-chirurgicală̆ a Societă̆ţ̜ii de Medici ş̧i Naturaliş̧ti Din Iaş̧i
Melissa D Berry, Elizabeth Polking
No abstract text is available yet for this article.
December 28, 2015: Issue Brief of the Health Policy Tracking Service
Benjamin R Childs, Brendan A Andres, Heather A Vallier
OBJECTIVES: The purpose was to evaluate economic benefit of calcium and vitamin D supplementation in orthopaedic trauma patients. We hypothesized that reduced nonunion rates could justify the cost of supplementing every orthopaedic trauma patient. DESIGN: Retrospective, economic model. SETTING: Level 1 trauma center. PATIENTS/PARTICIPANTS: Adult patients over 3 consecutive years presenting with acute fracture. INTERVENTION: Operative or nonoperative fracture management...
August 2016: Journal of Orthopaedic Trauma
Greg A Swan, Kristie L Foley
BACKGROUND: The Patient Protection and Affordable Care Act of 2010 (ACA) may dramatically affect the demographics of the uninsured population and the funding prospects for free health clinics. METHODS: We conducted a cross-sectional survey of 64 of 80 free clinics (80.0% response rate) in North Carolina to assess free clinic directors' knowledge of the ACA and their perceptions of how the ACA would affect clinic operations. RESULTS: Free clinic directors were knowledgeable about well publicized aspects of the ACA (eg, lack of Medicaid expansion in North Carolina), but they were less knowledgeable about provisions such as the Federal Tort Claims Act and high-risk pools, which may have direct and indirect effects on free clinics...
January 2016: North Carolina Medical Journal
Carolyn Sappideen
Medical teams are essential to the delivery of modern, patient-centred health care in hospitals. A collective model of responsibility envisaged by team care is inconsistent with common law tort liability which focuses on the individual rather than the team. There is no basis upon which a team can be liable as a collective at common law. Nor does the common law'countenance liability for the conduct of other team members absent some form of agency, vicarious liability or non-delegable duty. Despite the barriers to the adoption of a team standard of care in negligence, there is scope for team factors to have a role in determining the standard of care so that being a team player is part and parcel of what it is to be a competent professional...
September 2015: Journal of Law and Medicine
Zainab Kazmi, Sujata Gupta
BACKGROUND: Hydrosalpinx is a rare cause of abdominal pain in paediatric patients, though cases are documented in the literature. Its aetiology differs considerably from traditional hydrosalpinx due to ascending sexually transmitted infection. Hydrosalpinx can present mimicking an acute abdomen or can be asymptomatic. Management of paediatric hydrosalpinx varies, but often involves surgical removal of the affected tube. METHODS: In June 2015, a literature search using relevant keywords was completed on MEDLINE and EMBASE databases to determine best management of paediatric hydrosalpinx...
December 2015: European Journal of Obstetrics, Gynecology, and Reproductive Biology
Brian W Yang, Wenya Linda Bi, Timothy R Smith, Ryan Brewster, William B Gormley, Ian F Dunn, Edward R Laws
BACKGROUND: Jeff Chandler was one of Hollywood's top leading men in the 1950s and 1960s. In 1961, at the peak of his career, Chandler died of complications following an aortic-iliac injury during a routine lumbar diskectomy. The subsequent public outcry and malpractice suit resulted in an unprecedented settlement award. CASE: Chandler's lawsuit marked a pivotal time in the evolution of medical malpractice and monetary awards. Before 1960, malpractice legal claims were rare, with little impact on the practice of medicine...
February 2016: World Neurosurgery
William M Sage, Joseph S Jablonski, Eric J Thomas
IMPORTANCE: Honesty and transparency are essential aspects of health care, including in physicians' and hospitals' responses to medical error. Biases and habits associated with medical malpractice litigation, however, may work at cross-purposes with compassion in clinical care and with efforts to improve patient safety. OBJECTIVE: To determine the frequency of nondisclosure agreements in medical malpractice settlements and the extent to which the restrictions in these agreements seem incompatible with good patient care...
July 2015: JAMA Internal Medicine
Charles G Kels
The Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (PAHPRA) enhances emergency use authorities with respect to both approved and unapproved medical countermeasures (MCMs). PAHPRA authorities can also be critical to preserving tort liability protections for public health stakeholders, since these protections are often contingent upon appropriate authorizations for the MCMs utilized. This article details the evolution of emergency use authorities and liability protections, analyzes how these separate legal doctrines can intersect in practice, and discusses implications for facilitating preparedness and response activities and for protecting associated personnel...
March 2015: Health Security
Melissa D Berry
No abstract text is available yet for this article.
December 29, 2014: Issue Brief of the Health Policy Tracking Service
Robert S Quigley, Yusuf T Akpolat, Brent D Forrest, Montri D Wongworawat, Wayne K Cheng
STUDY DESIGN: Retrospective cohort study. OBJECTIVE: To review past cases and analyze them to determine whether reason for lawsuit led to a defense versus plaintiff verdict when patients sustain spinal cord injury. Secondary objectives included analyzing demographic factors and monetary awards for plaintiff verdicts and settlements. SUMMARY OF BACKGROUND DATA: Evaluating malpractice cases could provide valuable information for the physician who has been sued by a patient...
June 1, 2015: Spine
Xaver Baur, Lygia Therese Budnik, Kathleen Ruff, David S Egilman, Richard A Lemen, Colin L Soskolne
Clinical and public health research, education, and medical practice are vulnerable to influence by corporate interests driven by the for-profit motive. Developments over the last 10 years have shown that transparency and self-reporting of corporate ties do not always mitigate bias. In this article, we provide examples of how sound scientific reasoning and evidence-gathering are undermined through compromised scientific enquiry resulting in misleading science, decision-making, and policy intervention. Various medical disciplines provide reference literature essential for informing public, environmental, and occupational health policy...
2015: International Journal of Occupational and Environmental Health
Ziya Yildiz, Mehmet Tort, Eyüp Serhat Çalik, Ümit Arslan, Mehmet Ali Kaygin
Chronic kidney failure can be described as a chronic and progressive disfunction in metabolic-endocrine function and in adjustment of fluid-electrolyte balance of kidney, as a result of reducing of glomerular filtration value. Besides being a medical issue, chronic kidney failure affects social, economic, and psychological conditions of patients. Indwelling catheters can be placed in the right atrium by right mini thoracotomy in kidney patients who depend on dialysis and all central veins are used. In the patients whose central veins were used, were able to do catheterization by this technique, and this is a procedure that must be retentioned...
April 2015: Renal Failure
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