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https://www.readbyqxmd.com/read/28801470/litigation-provides-clues-to-ongoing-challenges-in-implementing-insurance-parity
#1
Kelsey N Berry, Haiden A Huskamp, Howard H Goldman, Lainie Rutkow, Colleen L Barry
Over the past twenty-five years, thirty-seven states and the US Congress have passed mental health and substance use disorder (MH/SUD) parity laws to secure nondiscriminatory insurance coverage for MH/SUD services in the private health insurance market and through certain public insurance programs. However, in the intervening years, litigation has been brought by numerous parties alleging violations of insurance parity. We examine the critical issues underlying these legal challenges as a framework for understanding the areas in which parity enforcement is lacking, as well as ongoing areas of ambiguity in the interpretation of these laws...
August 11, 2017: Journal of Health Politics, Policy and Law
https://www.readbyqxmd.com/read/28793070/the-lawsuits-to-antineoplastic-drugs-the-tip-of-an-iceberg
#2
Thaís Jeronimo Vidal, Elaine Lazzaroni Moraes, Maely Peçanha Favero Retto, Mario Jorge Sobreira da Silva
The lawsuits with antineoplastic drugs generate high costs for governments and require careful analysis to ensure efficient and adequate health results. This study analyzed cases conducted by federal entities to a reference institute for the treatment of cancer for technical opinion. Data were collected from copies of the cases examined from July 1 to December 31, 2013. It was analyzed: therapeutic subgroups, presence in essential drug list, drug registry, off-label use, indications of clinical practice guidelines, drug incorporation in Brazilian Health System and estimated value of court cases...
August 2017: Ciência & Saúde Coletiva
https://www.readbyqxmd.com/read/28781019/reported-litigation-associated-with-primary-hip-and-knee-arthroplasty
#3
Steven L Bokshan, Roy J Ruttiman, John M DePasse, Lee E Rubin, Mark A Palumbo, Alan H Daniels
BACKGROUND: Greater than 75% of arthroplasty surgeons report having been the subject of a malpractice lawsuit. Despite this, few studies have analyzed the causes of litigation following total joint arthroplasty in the United States. METHODS: This study is a retrospective analysis of malpractice lawsuits following total hip and knee arthroplasty using VerdictSearch, a database encompassing legal cases compiled from February 1988 to May 2015. Complications leading to litigation were categorized and assessed for patient, surgeon, and lawsuit factors...
July 11, 2017: Journal of Arthroplasty
https://www.readbyqxmd.com/read/28763263/interpretive-phenomenological-analysis-of-a-lawsuit-contending-that-school-based-yoga-is-religion-a-study-of-school-personnel
#4
Catherine Cook-Cottone, Erga Lemish, Wendy Guyker
This study focused on the perspectives of school personnel affiliated with the Encinitas Union School District in California following a lawsuit arguing that their yoga-based program included religion and therefore was unsuitable for implementation in public schools and was unconstitutional. Participants (N = 32) were interviewed using a semistructured interview, and data were analyzed according to Interpretative Phenomenological Analysis. Five super-ordinate themes (including sub-themes) were identified in an iterative process, including: participants' perspectives on the roots of yoga and the type of yoga taught in their district; the process of introducing a yoga-in-the-schools program in light of this contention (including challenges and obstacles, and how these were met); perspectives on the lawsuit and how the process unfolded; effects of the lawsuit on school climate and beyond; and perspectives on yoga as, and as not, religious...
August 1, 2017: International Journal of Yoga Therapy
https://www.readbyqxmd.com/read/28731880/refractive-surgery-malpractice-litigation-outcomes
#5
Benjamin L Custer, Steven R Ballard, Robert B Carroll, Scott D Barnes, Grant A Justin
PURPOSE: To review data on malpractice claims related to refractive surgery to identify common allegations and injuries and financial outcomes. METHODS: The WestlawNext database was reviewed for all malpractice lawsuits/settlements related to refractive eye surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes. RESULTS: A total of 167 cases met the inclusion criteria, of which 108 cases (64...
July 19, 2017: Cornea
https://www.readbyqxmd.com/read/28729490/gender-discrimination-lawsuit-at-salk-ignites-controversy
#6
Meredith Wadman
No abstract text is available yet for this article.
July 21, 2017: Science
https://www.readbyqxmd.com/read/28727526/zika-and-reproductive-rights-in-brazil-challenge-to-the-right-to-health
#7
Pablo K Valente
The Zika virus epidemic rapidly spread across Brazil and Latin America, gaining international attention because of the causal relationship between Zika and birth defects. The high number of cases in Brazil has been attributed to a failure of the state to contain the epidemic and protect the affected people, especially women. Therefore, the public health crisis created by Zika exposed a stark conflict between Brazil's constitutional right to health and the long-standing violation of reproductive rights in the country...
September 2017: American Journal of Public Health
https://www.readbyqxmd.com/read/28724420/legal-access-to-medications-a-threat-to-brazil-s-public-health-system
#8
Ana Luiza Chieffi, Rita De Cassia Barata Barradas, Moisés Golbaum
BACKGROUND: In Brazil, health is fundamental human right guaranteed by the Constitution of 1988, which created the Brazilian Universal Health System (Sistema Único de Saúde - SUS). The SUS provides medications for outpatient care via policy of pharmaceutical assistance (PA) programmes. Despite the advances in PA policies which include the improvement in access to medications, there has been a significant increase in lawsuits related to health products and services. This study aimed to characterize the medication processes filed between 2010 and 2014 against the Secretary of State for Health of São Paulo (State Health Department of São Paulo - SES/SP), in Brazil, following PA policies...
July 19, 2017: BMC Health Services Research
https://www.readbyqxmd.com/read/28719089/development-and-implementation-of-an-emergency-department-telephone-follow-up-system
#9
O John Ma, Mary Tanski, Beech Burns, Elizabeth F Spizman, James A Heilman
Implementing a telephone follow-up system after a patient's emergency department (ED) visit is challenging, but it may improve patient safety and care. This study's objective was to describe the development and implementation of a comprehensive ED telephone follow-up system over a 9-year period. Discharged patients who received a follow-up telephone call within 48 hours of their ED visit included all pediatric patients, those who left without being seen by a provider, and any adult patient with a "high-risk chief complaint," which was defined as a headache, visual problem, chest pain, dyspnea, abdominal pain, syncope, trauma, and neurological-related problems...
July 2017: Journal of Healthcare Risk Management: the Journal of the American Society for Healthcare Risk Management
https://www.readbyqxmd.com/read/28719084/defending-a-never-event
#10
John R Shepperd
There are medical mishaps that have been deemed "Never Events" by the Centers for Medicare & Medicaid Services (CMS). This term refers generally to preventable occurrences so egregious that they should never occur. But they do occur. And when they do, litigation often follows. This article focuses on one such Never Event-the operating room fire-with strategies on how to defend it. Information provided in this article was derived from a review of the relevant literature and from the author's personal experience defending lawsuits arising from Never Events, including a jury trial involving a surgeon who was sued for a patient's injuries after a fire erupted in the operating room...
July 2017: Journal of Healthcare Risk Management: the Journal of the American Society for Healthcare Risk Management
https://www.readbyqxmd.com/read/28695345/is-pain-relief-after-vaginal-mesh-and-or-sling-removal-durable-long-term
#11
Karen Jong, Shreeya Popat, Alana Christie, Philippe E Zimmern
INTRODUCTION AND HYPOTHESIS: This study was to review our experience of pain relief durability in women who experienced initial pain resolution after vaginal mesh and/or sling removal (VMSR). METHODS: A retrospective chart review of consecutive, nonneurogenic women who underwent VMSR for pain and reported persistent pain relief at the 6-month postoperative follow-up visit were assessed. Pre- and postoperative data collected were self-reported chief complaints, physical examination, other medical conditions associated with chronic pain, use of pain medications, Urogenital Distress Inventory-6 (in which question 6 specifically addresses pain), and the Numerical Pain Rating Scale (NPRS)...
July 10, 2017: International Urogynecology Journal
https://www.readbyqxmd.com/read/28674345/trend-of-malpractice-litigation-against-neurosurgeons-in-japan-an-analysis-of-disclosed-database-by-courts-in-japan-from-2001-through-2015
#12
Hisashi Nagashima, Yoshitaka Wada, Kazuhiro Hongo
Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field...
June 30, 2017: Neurologia Medico-chirurgica
https://www.readbyqxmd.com/read/28673825/the-medico-legal-landscape-of-spine-surgery-how-do-surgeons-fare
#13
Melvin C Makhni, Paul J Park, Jesus Jimenez, Comron S Saifi, Jon-Michael Caldwell, Alex Ha, Bianca Figueroa-Santana, Ronald A Lehman, Mark Weidenbaum
BACKGROUND CONTEXT: Due to the limited and confidential nature of most legal data, scarce literature is available to physicians about reasons for litigation in spine surgery. In order to optimally compensate patients while protecting physicians, further understanding of the medico-legal landscape is needed for high-risk procedures such as spine surgery. Based on these, surgeons can explore ways to better protect both their patients and themselves. PURPOSE: To characterize the current medico-legal environment of spine surgery by analyzing a recent dataset of malpractice litigation...
June 30, 2017: Spine Journal: Official Journal of the North American Spine Society
https://www.readbyqxmd.com/read/28671905/the-impact-of-incident-disclosure-behaviors-on-medical-malpractice-claims
#14
Priscila Giraldo, Luke Sato, Xavier Castells
OBJECTIVES: To provide preliminary estimates of incident disclosure behaviors on medical malpractice claims. METHODS: We conducted a descriptive analysis of data on medical malpractice claims obtained from the Controlled Risk Insurance Company and Risk Management Foundation of Harvard Medical Institutions (Cambridge, Massachusetts) between 2012 and 2013 (n = 434). The characteristics of disclosure and apology after medical errors were analyzed. RESULTS: Of 434 medical malpractice claims, 4...
June 30, 2017: Journal of Patient Safety
https://www.readbyqxmd.com/read/28665833/why-an-open-disclosure-procedure-is-and-is-not-followed-after-an-avoidable-adverse-event
#15
Irene Carrillo, José Joaquín Mira, Mercedes Guilabert, Susana Lorenzo
OBJECTIVE: The aim of the study was to analyze the relationships between factors that contribute to healthcare professionals informing and apologizing to a patient after an avoidable adverse event (AAE). METHODS: A secondary study based on the analysis of data collected in a cross-sectional study conducted in 2014 in Spain was performed. Health professionals from hospitals and primary care completed an online survey. RESULTS: The responses from 1087 front-line healthcare professionals were analyzed...
June 29, 2017: Journal of Patient Safety
https://www.readbyqxmd.com/read/28657986/the-truth-behind-transvaginal-mesh-litigation-devices-timelines-and-provider-characteristics
#16
Colby P Souders, Karyn S Eilber, Lynn McClelland, Lauren N Wood, Alexander R Souders, Vicki Steiner, Jennifer Tash Anger
OBJECTIVES: Following Food and Drug Administration communications about the safety of transvaginal prolapse, more than 73,000 patients with complications from treatment of pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have filed product liability claims. This research analyzes the transvaginal mesh claims filed in the United States to identify key characteristics that may inform clinical decision-making. METHODS: We evaluated a 1% random sample from the Bloomberg Law Database: 2000 to 2014 and associated legal documents...
June 27, 2017: Female Pelvic Medicine & Reconstructive Surgery
https://www.readbyqxmd.com/read/28656952/-the-clinical-and-expert-evaluation-of-the-unfavourable-consequences-of-the-provision-of-the-dental-implantation-treatment
#17
A A Gusarov, T G Popova, V A Fetisov, E Yu Kuraeva, E A Shoniya
The clinical and expert evaluation of the unfavourable consequences of the provision of the inadequate dental implantation treatment has demonstrated the ever increasing number of justified complaints and civilian lawsuits instituted annually in connection with the infringements of health associated with the poor quality of the medical care provided to the patients. The authors present the results of commission forensic medical expertise performed on account of the civilian lawsuits instituted by a 74 year-old patient K...
2017: Sudebno-meditsinskaia Ekspertiza
https://www.readbyqxmd.com/read/28656775/advocacy-coalition-for-safer-sex-in-the-adult-film-industry-the-case-of-los-angeles-county-s-measure-b
#18
Adam Carl Cohen, Paula Tavrow, Mark Roy McGrath
BACKGROUND: Performers in the adult film industry are routinely exposed to bloodborne pathogens. In 2012, public health advocates in Los Angeles County convinced voters to pass a ballot initiative-Measure B-to mandate condom use on adult film sets. This article presents a case study of the advocacy coalition's strategies used to achieve greater workplace safety using the advocacy coalition framework. METHOD: The authors were given access to all memoranda, market research, and campaign tools used to promote Measure B...
June 1, 2017: Health Promotion Practice
https://www.readbyqxmd.com/read/28650185/sexual-misconduct-in-prison-what-factors-affect-whether-incarcerated-women-will-report-abuses-committed-by-prison-staff
#19
Sheryl P Kubiak, Hannah J Brenner, Deborah Bybee, Rebecca Campbell, Cristy E Cummings, Kathleen M Darcy, Gina Fedock, Rachael Goodman-Williams
More than 80,000 prisoners each year are sexually victimized during incarceration, but only about 8% report victimization to correctional authorities. Complicating reporting is the fact that half of the perpetrators are staff members. Given the restrictive and highly regulated prison environment, studies that examine reporting behaviors are difficult to conduct and to date information available relied on those who have reported or hypothetical victimization studies. This study uses an ecological framework and archival data from a class action lawsuit of sexual misconduct to determine predictors of reporting...
August 2017: Law and Human Behavior
https://www.readbyqxmd.com/read/28621273/choice-of-endodontic-fiber-posts-and-its-influence-on-dental-malpractice-an-in-vitro-evaluation
#20
Fouad Ayoub, Houssam Jassar, Hassan El Husseini, Ziad Salameh
AIMS AND OBJECTIVES: The fiber post type used in restoring endodontically treated teeth may affect the dental expert decision in the case of dental malpractice. The aim of this study was to evaluate the low-cost commercial fiber post in comparison with a higher cost or well-known documented fiber post system. MATERIALS AND METHODS: A total of 20 premolars were selected for the study; following endodontic treatment, specimens were randomly divided into two groups of 10 specimens each according to the type of fiber post used: (1) Low-cost commercial fiber post (OYAPost, Taper Lucent, OYARICOM) and (2) higher cost well-known fiber post (Rely X Fiber post, 3M ESPE)...
June 1, 2017: Journal of Contemporary Dental Practice
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