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Medical tort

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https://www.readbyqxmd.com/read/29710353/iatrogenic-hepatitis-c-virus-transmission-and-safe-injection-practices
#1
Charles M Defendorf, Sindy Paul, George J Scott
Hepatitis C virus (HCV) infection poses significant adverse health effects. Improper use of vials, needles, syringes, intravenous bags, tubing, and connectors for injections and infusions is a current preventable cause of iatrogenic HCV transmission. Numerous cases have demonstrated the need for continued vigilance and the widespread nature of this iatrogenic infection risk across a variety of medical practice settings in the United States. Failure to implement the evidence-based Centers for Disease Control and Prevention (CDC) infection prevention guidelines exposes patients to preventable harm...
May 1, 2018: Journal of the American Osteopathic Association
https://www.readbyqxmd.com/read/29605112/ionising-radiation-risk-disclosure-when-should-radiographers-assume-a-duty-to-inform
#2
C W E Younger, C Douglas, H Warren-Forward
INTRODUCTION: Autonomy is a fundamental patient right for ethical practice, and informed consent is the mechanism by which health care professionals ensure this right has been respected. The ethical notion of informed consent has evolved alongside legal developments. Under Australian law, a provider who fails to disclose risk may be found to be in breach of a duty of disclosure, potentially facing legal consequences if the patient experiences harm that is attributable to an undisclosed risk...
May 2018: Radiography
https://www.readbyqxmd.com/read/29594530/parental-awareness-of-testicular-torsion-amongst-irish-parents
#3
Lee Chien Yap, Robert Keenan, Jody Khan, Claudiu Cozman, Catherine Dowling, Ivor Cullen, Frank Darcy
PURPOSE: Testicular torsion is the most concerning underlying cause of acute scrotal pain that can lead to loss of the affected testicle. Whether a torted testicle can be salvaged surgically is directly affected by prompt presentation and diagnosis. This study aims to evaluate the awareness of testicular torsion amongst Irish parents and evaluate their response to a potential torsion. METHODS: An anonymous questionnaire was distributed to parents attending general paediatric clinics and an acute paediatric unit in two paediatric tertiary referral centres...
March 29, 2018: World Journal of Urology
https://www.readbyqxmd.com/read/29560651/acute-toxic-hepatitis-induced-by-a-herbal-medicine-anchusa-boraginaceae
#4
Y F Cagin, Y Seckin, F Firat, E Samdanci
BACKGROUND AND AIM: Herbal treatments are becoming increasingly popular in many countries. Anchusa Boraginaceae (also called Tort plant and beef tongue) is commonly used as a herbal medicine in Elazıg region as diuretic and in the treatment of ulcers, and it is stated that this has no adverse effect. We report a case of acute hepatitis associated with long time use of high doses of Anchusa Boraginaceae. CASE: A 43-year-old male patient is drinking water of Anchusa Boraginaceae that is boiling for 14 days to dissolve the stones in the gallbladder...
October 2017: Acta Gastro-enterologica Belgica
https://www.readbyqxmd.com/read/29372862/damage-capitation-in-the-modern-liability-climate-a-primer-for-neurosurgeons-and-systematic-review-of-the-literature
#5
Jacob R Lepard, Beverly C Walters, Curtis J Rozzelle
OBJECTIVE Neurosurgery, and particularly spine surgery, is among the most highly litigated medical specialties in the US, rendering the current malpractice climate of primary importance to spine surgeons nationwide. One of the primary methods of tort reform in the civil justice system is malpractice damage capitation (or "caps"); however, its efficacy is widely debated. The purpose of this article is to serve as a review for the practicing neurosurgeon, with particular emphasis on short- and long-term effects of damage caps and on the current debate regarding their utility, based on a systematic review of the literature...
April 2018: Journal of Neurosurgery. Spine
https://www.readbyqxmd.com/read/29360294/medical-malpractice-and-tort-reform
#6
Robert White
No abstract text is available yet for this article.
December 26, 2017: Issue Brief of the Health Policy Tracking Service
https://www.readbyqxmd.com/read/29240281/comparative-analysis-of-2-robotic-thyroidectomy-procedures-transoral-versus-bilateral-axillo-breast-approach
#7
Young Jun Chai, Hoon Yub Kim, Hong Kyu Kim, Sang Ho Jun, Gianlorenzo Dionigi, Angkoon Anuwong, Jeremy D Richmon, Ralph P Tufano
BACKGROUND: The surgical outcomes of a single surgeon's initial cases of transoral robotic thyroidectomy (TORT) were compared with the surgeon's initial cases of a bilateral axillo-breast approach (BABA) robotic thyroidectomy. METHODS: The medical reports were retrospectively reviewed. The BABA robotic thyroidectomies were performed between 2008 and 2009, and TORTs were performed between 2012 and 2016. RESULTS: Each group comprised 50 patients...
December 14, 2017: Head & Neck
https://www.readbyqxmd.com/read/29177942/the-net-effects-of-medical-malpractice-tort-reform-on-health-insurance-losses-the-texas-experience
#8
Patricia H Born, J Bradley Karl, W Kip Viscusi
In this paper, we examine the influence of medical malpractice tort reform on the level of private health insurance company losses incurred. We employ a natural experiment framework centered on a series of tort reform measures enacted in Texas in 2003 that drastically altered the medical malpractice environment in the state. The results of a difference-in-differences analysis using a variety of comparison states, as well as a difference-in-difference-in-differences analysis, indicate that ameliorating medical malpractice risk has little effect on health insurance losses incurred by private health insurers...
November 24, 2017: Health Economics Review
https://www.readbyqxmd.com/read/29171044/stemming-the-standard-of-care-sprawl-clinician-self-interest-and-the-case-of-electronic-fetal-monitoring
#9
Kayte Spector-Bagdady, Raymond De Vries, Lisa Hope Harris, Lisa Kane Low
The "best interests of the patient" standard-a complex balance between the principles of beneficence and autonomy-is the driving force of ethical clinical care. Clinicians' fear of litigation is a challenge to that ethical paradigm. But is it ever ethically appropriate for clinicians to undertake a procedure with the primary goal of protecting themselves from potential legal action? Complicating that question is the fact that tort liability is adjudicated based on what most clinicians are doing, not the scientific basis of whether they should be doing it in the first place...
November 2017: Hastings Center Report
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
#10
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
#11
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
#12
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...
March 2018: Psychosomatics
https://www.readbyqxmd.com/read/29068289/medical-malpractice-reform-a-fix-for-a-problem-long-out-of-fashion
#13
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
#14
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
#15
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
#16
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
#17
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
#18
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
#19
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
#20
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
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