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https://www.readbyqxmd.com/read/27892912/rightful-discharge-making-termination-mean-it-is-really-over-part-1-issues-and-legislation
#1
Michael S Mitchell, Clifford M Koen, Amanda J Carmichael
One of the most difficult undertakings for any employer is carrying out a decision to terminate an employee. Of all the employment-related actions taken by employers, the act of termination creates the greatest risk of legal liability. Many claims of employment discrimination filed with the Equal Employment Opportunity Commission arise from the act of termination. In many federal courts, employment-related lawsuits account for more than 50% of all court filings; these lawsuits cover a wide range of subjects, such as failure to hire, defamation, breach of contract, and harassment, to name a few...
January 2016: Health Care Manager
https://www.readbyqxmd.com/read/27890107/an-analysis-of-causative-factors-in-closed-criminal-medical-malpractice-cases-of-the-taiwan-supreme-court-2000-2014
#2
Kuan-Han Wu, Shih-Yu Cheng, Yung-Lin Yen, Chien-Hung Wu, Ming-Ta Tsai, Fu-Jen Cheng
Most medical malpractice in Taiwan leads to criminal prosecution. This study examined the epidemiologic factors and clinical errors that led to medical malpractice convictions in Taiwanese criminal prosecutions. A retrospective, 15-year population-based review of criminal Supreme Court judgments pertaining to medical malpractice against physicians and nurses was conducted. Eighty-four cases were reviewed, yielding data that included the number and specialty involved, accused hospitals, the diagnosis, the time interval between incidents to closure, result of adjudication, the origin of cases (private vs...
November 2016: Legal Medicine
https://www.readbyqxmd.com/read/27875473/committee-opinion-no-681-disclosure-and-discussion-of-adverse-events
#3
(no author information available yet)
Adverse outcomes, preventable or otherwise, are a reality of medical care. Most importantly, adverse events affect patients, but they also affect health care practitioners. Disclosing information about adverse events has benefits for the patient and the physician and, ideally, strengthens the patient-physician relationship and promotes trust. Studies show that after an adverse outcome, patients expect and want timely and full disclosure of the event, an acknowledgment of responsibility, an understanding of what happened, expressions of sympathy, and a discussion of what is being done to prevent recurrence...
December 2016: Obstetrics and Gynecology
https://www.readbyqxmd.com/read/27875470/committee-opinion-no-681-summary-disclosure-and-discussion-of-adverse-events
#4
(no author information available yet)
Adverse outcomes, preventable or otherwise, are a reality of medical care. Most importantly, adverse events affect patients, but they also affect health care practitioners. Disclosing information about adverse events has benefits for the patient and the physician and, ideally, strengthens the patient-physician relationship and promotes trust. Studies show that after an adverse outcome, patients expect and want timely and full disclosure of the event, an acknowledgment of responsibility, an understanding of what happened, expressions of sympathy, and a discussion of what is being done to prevent recurrence...
December 2016: Obstetrics and Gynecology
https://www.readbyqxmd.com/read/27842620/contested-evidence-a-dutch-reimbursement-decision-taken-to-court
#5
Floortje Moes, Eddy Houwaart, Diana Delnoij, Klasien Horstman
This paper examines a remarkable lawsuit in health care rationing. The Patients Association for Interstitial Cystitis sued the Dutch National Health Care Institute for alleged misconduct against Interstitial Cystitis patients, as the Institute decided that bladder instillations with chondroitin sulphate or hyaluronic acid are no longer covered by the basic health insurance. The patients' organisation challenged the Institute for basing its standpoint on scientific evidence; overruling clinical expertise and patients' experiences...
November 15, 2016: Health Economics, Policy, and Law
https://www.readbyqxmd.com/read/27822936/analysis-of-malpractice-claims-associated-with-surgical-site-infection-in-the-field-of-plastic-surgery
#6
Bo Young Park, Jung Woo Kwon, So Ra Kang, Seung Eun Hong
Postoperative infections are rare after plastic surgery; however, when present, they can affect the aesthetic outcome. Currently, many malpractice lawsuits are associated with surgical site infection. The present study aimed to analyze malpractice claims associated with surgical site infection in the field of plastic surgery through a review of Korean precedents. We analyzed the type of procedure, associated complications, and legal judgment in these cases. Most claimants were women, and claims were most often related to breast surgery...
December 2016: Journal of Korean Medical Science
https://www.readbyqxmd.com/read/27820871/consent-refusal-and-waivers-in-patient-centered-dysphagia-care-using-law-ethics-and-evidence-to-guide-clinical-practice
#7
Jennifer Horner, Maria Modayil, Laura Roche Chapman, An Dinh
Purpose: When patients refuse medical or rehabilitation procedures, waivers of liability have been used to bar future lawsuits. The purpose of this tutorial is to review the myriad issues surrounding consent, refusal, and waivers. The larger goal is to invigorate clinical practice by providing clinicians with knowledge of ethics and law. This tutorial is for educational purposes only and does not constitute legal advice. Method: The authors use a hypothetical case of a "noncompliant" individual under the care of an interdisciplinary neurorehabilitation team to illuminate the ethical and legal features of the patient-practitioner relationship; the elements of clinical decision-making capacity; the duty of disclosure and the right of informed consent or informed refusal; and the relationship among noncompliance, defensive practices, and iatrogenic harm...
November 1, 2016: American Journal of Speech-language Pathology
https://www.readbyqxmd.com/read/27813058/resolving-malpractice-claims-after-tort-reform-experience-in-a-self-insured-texas-public-academic-health-system
#8
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...
November 4, 2016: Health Services Research
https://www.readbyqxmd.com/read/27809563/radiologist-found-liable-for-malpractice-in-israel-for-causing-a-patient-s-suicide-by-sending-a-bad-news-report-can-this-happen-in-the-united-states
#9
Leonard Berlin, Jacob Sosna, Dan Halevy
OBJECTIVE: The purpose of this article is to present an example of a non-U.S. lawsuit in which a radiologist was found negligent in the case of a psychiatric patient who died by suicide after reading a radiology report sent directly to him. CONCLUSION: Although the lawsuit and its outcome do not influence laws in the United States or any country other than the one in which the case was tried, it should stimulate the radiologic community into giving serious thought to the format and manner in which reports of radiologic examinations are communicated to patients...
November 3, 2016: AJR. American Journal of Roentgenology
https://www.readbyqxmd.com/read/27802857/adoption-of-electronic-health-records-and-barriers
#10
REVIEW
Venkataraman Palabindala, Amaleswari Pamarthy, Nageshwar Reddy Jonnalagadda
Electronic health records (EHR) are not a new idea in the U.S. medical system, but surprisingly there has been very slow adoption of fully integrated EHR systems in practice in both primary care settings and within hospitals. For those who have invested in EHR, physicians report high levels of satisfaction and confidence in the reliability of their system. There is also consensus that EHR can improve patient care, promote safe practice, and enhance communication between patients and multiple providers, reducing the risk of error...
2016: Journal of Community Hospital Internal Medicine Perspectives
https://www.readbyqxmd.com/read/27800425/the-use-of-ascorbic-acid-as-a-food-additive-technical-legal-issues
#11
Michele Varvara, Giancarlo Bozzo, Giuseppe Celano, Chiara Disanto, Cosimo Nicola Pagliarone, Gaetano Vitale Celano
Ascorbic acid (C6H8O6) is an organic compound belonging to the family of monosaccharide. It is highly soluble in water, and is often called one of the secrets of the Mediterranean diet. Its use is widespread in the food industry is also important, having always been exploited for its antioxidant and stabilising ability. Many indeed are the additive formulations that take advantage of these properties. The purpose of this paper is to explain the characteristics that make ascorbic acid an important food additive and to emphasise the technical and legal issues related to its use in food productions...
January 18, 2016: Italian Journal of Food Safety
https://www.readbyqxmd.com/read/27785707/medical-malpractice-in-dermatology-part-ii-%C3%A2-what-to-do-once-you-have-been-served-with-a-lawsuit
#12
Vidhi V Shah, Marshall B Kapp, Stephen E Wolverton
Facing a malpractice lawsuit can be a daunting and traumatic experience for healthcare practitioners, with most clinicians naïve to the legal landscape. It is crucial for physicians to know and understand the malpractice system and his or her role once challenged with litigation. We present part II of a two-part series addressing the most common medicolegal questions that cause a great deal of anxiety. Part I focused upon risk-management strategies and prevention of malpractice lawsuits, whereas part II provides helpful suggestions and guidance for the physician who has been served with a lawsuit complaint...
December 2016: American Journal of Clinical Dermatology
https://www.readbyqxmd.com/read/27785434/urethral-catheters-and-medical-malpractice-a-legal-database-review-from-1965-to-2015
#13
Mohannad A Awad, E Charles Osterberg, Helena Chang, Thomas W Gaither, Amjad Alwaal, Ryan Fox, Benjamin N Breyer
BACKGROUND: Urethral catheters (UCs) are commonly used in medicine and are associated with complications such as urinary tract infections (UTIs) and trauma. Given UC complications and their ubiquitous usage in healthcare, there is a potential for liability risk. We aim to explore litigation involving UC-related complications. METHODS: The LexisNexis legal database was queried for all state and federal cases from January 1965 through October 2015 using the terms "urethral catheter" or "Foley catheter" in combination with "medical malpractice", "negligence", "medical error", and "trauma"...
October 2016: Translational Andrology and Urology
https://www.readbyqxmd.com/read/27781011/the-judicialization-of-health-and-the-quest-for-state-accountability-evidence-from-1-262-lawsuits-for-access-to-medicines-in-southern-brazil
#14
João Biehl, Mariana P Socal, Joseph J Amon
The impact of increasing numbers of lawsuits for access to medicines in Brazil is hotly debated. Government officials and scholars assert that the "judicialization of health" is driven by urban elites and private interests, and is used primarily to access high-cost drugs. Using a systematic sample of 1,262 lawsuits for access to medicines filed against the southern Brazilian state of Rio Grande do Sul, we assess these claims, offering empirical evidence that counters prevailing myths and affirms the heterogeneity of the judicialization phenomenon...
June 2016: Health and Human Rights
https://www.readbyqxmd.com/read/27780025/technical-standards-and-lawsuits-involving-accommodations-for-health-professions-students
#15
Samuel R Bagenstos
This article will discuss the legal obligations of medical schools to accommodate applicants and students with disabilities. The article begins by describing the problem of denial of medical education to such students, a problem that results from both discrimination in admissions and denial of accommodations to incumbent students with disabilities. The article then discusses the disability rights legislation that prohibits discrimination against-and requires reasonable accommodation of-qualified medical students with disabilities...
October 1, 2016: AMA Journal of Ethics
https://www.readbyqxmd.com/read/27775774/the-right-standard
#16
Joey Berlin
A shoulder dystocia birth in which the baby was born with neurologic dysfunction is the focus of a negligence lawsuit with broad legal implications.
October 1, 2016: Texas Medicine
https://www.readbyqxmd.com/read/27762383/arecibo-observatory-hit-with-discrimination-lawsuit
#17
Traci Watson
No abstract text is available yet for this article.
October 13, 2016: Nature
https://www.readbyqxmd.com/read/27748632/legal-liability-for-agent-orange-related-illnesses-a-reassessment-of-the-2005-vava-case-and-prospects-for-new-litigation
#18
Felix Klickermann
Attempts through the US courts to hold the corporations responsible for the production of dioxin-contaminated herbicides used by the US military in the 1960s and early 1970s liable for their ongoing health consequences have failed. This article scrutinizes the most recent judgement - that of the United States District Court for the Eastern District of New York handed down in 2005 following a lawsuit brought by the Vietnam Association of Victims of Agent Orange/dioxin (VAVA). It is argued that despite this judgement there is the potential to bring a further legal case, with some prospect of success, on the basis of: (i) debatable legal judgements in the 2005 decision; (ii) new scientific evidence on the health effects of exposure to Agent Orange; and (iii) cases brought in other jurisdictions...
April 2016: Medicine, Conflict, and Survival
https://www.readbyqxmd.com/read/27734331/medical-malpractice-in-dermatology-part-i-reducing-the-risks-of-a-lawsuit
#19
Vidhi V Shah, Marshall B Kapp, Stephen E Wolverton
Malpractice risk is a common source of concern for the practicing physician. Dermatologists experience fewer lawsuits than most other specialists in medicine, but the risk is not negligible. All physicians should familiarize themselves with areas of potential risk and avoid medico-legal pitfalls. We present Part I of a two-part series addressing medico-legal questions common to most practitioners that cause a great deal of anxiety. Part I will focus upon risk management and prevention of future malpractice lawsuits, and Part II deals with suggestions and guidance once a lawsuit occurs...
December 2016: American Journal of Clinical Dermatology
https://www.readbyqxmd.com/read/27715388/medical-malpractice-in-uveitis-a-review-of-clinical-entities-and-outcomes
#20
Ashvini K Reddy, Stephanie B Engelhard, Christopher T Shah, Austin J Sim, Jennifer E Thorne
PURPOSE: To guide risk management in uveitis. METHODS: Retrospective review of malpractice verdicts, rulings, and settlements. RESULTS: The WestLaw® database was reviewed for lawsuits related to uveitis in the United States from 1930-2014. Twenty-five cases met inclusion criteria, and 48% of these were infectious. Overall, 64% of outcomes favored the defendant ophthalmologist. The most common diagnoses were viral retinitis (28%), iritis (12%), syphilis (8%), and toxoplasmosis (8%)...
August 11, 2016: Ocular Immunology and Inflammation
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