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Leonard Berlin
For the first 180 years following the founding of the US, physicians occasionally were sued for medical malpractice. Allegations of negligence were errors of commission - i.e. the physician made a mistake by doing something wrong, usually mistreatment of a fracture or dislocation, a complication or death following a surgical procedure, prescribing the wrong medication, and after the discovery of the X-ray by Roentgen in 1895, causing radiation burns. In the mid twentieth century malpractice allegations slowly changed from errors of commission to errors of omission - i...
September 26, 2017: Diagnosis
Ji Yun Jung, So Yoon Kim, Dong Gyu Kim, Choong Bai Kim, Kyong-Choun Chi, Won Kyung Kang, Won Lee
Purpose: The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods: A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion...
March 2018: Annals of Surgical Treatment and Research
Claire Horner, Evelyn Tenenbaum, Douglas Sipp, Zubin Master
The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices...
2018: NPJ Regenerative Medicine
Rafael Boscolo-Berto, Veronica Macchi, Andrea Porzionato, Aldo Morra, Roberto Vezzaro, Marios Loukas, R Shane Tubbs, Raffaele De Caro
Introduction The Tauber procedure, i.e., antegrade sclerotherapy for varicocele, can lead to ischemic colitis. The pathogenesis can involve an atypical systemic-portal communication, which could represent an infrequently reported (rare) anatomical variant. The aim of this study is to review clinical cases from the literature to highlight the anatomical bases of such complications. Materials and methods A computer-aided and hand-checked review of the literature was used to identify relevant publications. Also, the computed tomography (CT) examination of a clinical case with medico-legal implications due to severe vascular complication following Tauber's procedure was reviewed...
February 23, 2018: Clinical Anatomy
Jacalyn Duffin
Physicians are deeply involved in Canadian medicare because it is through medicare that they are paid. However, from its origins to the present physicians -as a profession - have not been strong supporters of medicare. Fearing loss of income and individual autonomy, they have frequently opposed it with criticisms, strikes, threatened job action and lawsuits. Some opponents are unaware that medicare was a boon to physician income, and many fail to connect medicare with responsibility for improving the health status of the country...
February 20, 2018: Health Economics, Policy, and Law
SuHwan Shin, Seung Gyeong Jang, KyeongTae Min, Won Lee, So Yoon Kim
BACKGROUND: Complex regional pain syndrome (CRPS) involves severe pain and it is difficult to identify the exact cause or pathogenesis. Therefore, there are controversies regarding legal issues related to the establishment of damage in medical malpractice lawsuits involving CRPS. This study aimed to analyze malpractice lawsuits involving CRPS, which occurred after the disputed medical treatment, to provide information on the courts' opinion and characteristics of the cases. METHODS: This study analyzed 23 lawsuit judgments involving CRPS that were sentenced from 2005 to 2015...
February 26, 2018: Journal of Korean Medical Science
Lan Zhu, Lei Li, Jinghe Lang
OBJECTIVE: The study aimed to determine prevalence, patterns and risk factors of defensive medicine by obstetricians and gynaecologists across China. DESIGN: This is a questionnaire survey by written and on-line interview for participants. PARTICIPANTS: Among 1804 registered physicians participating at the 2017 Congress of Chinese Obstetricians and Gynecologists Association in Chengdu City, Sichuan Province, China, from 17 to 20 August 2017, 1486 participants (82...
February 3, 2018: BMJ Open
(no author information available yet)
No abstract text is available yet for this article.
February 8, 2018: Nature
Yuan Li, Dong Gao, Weibo Liang, Lirong Qiu, Xin Liu, Lin Zhang, Zhenhua Deng
OBJECTIVE: An analysis of malpractice lawsuits judged in court compared with those mediated in court may help explain perceptions of malpractice risk. METHODS: We conducted a retrospective study of malpractice lawsuits mediated and judged in court using data from district courts in Beijing from 2010 through 2014. We evaluated the number of cases, the payment amount, and the time to resolution, by resolution type. Patient age, sex, the severity of injury, and adverse event type were measured...
January 30, 2018: Journal of Forensic and Legal Medicine
Darcy Copeland, Melissa Henry
BACKGROUND: Emergency department staff members are frequently exposed to workplace violence which may have physical, psychological, and workforce related consequences. The purpose of this study was to examine the relationships between exposure to workplace violence, tolerance to violence, expectations of violence, perceptions of workplace safety, and Professional Quality of Life (compassion satisfaction - CS, burnout - BO, secondary traumatic stress - STS) among emergency department staff members...
February 2, 2018: International Emergency Nursing
Kenny Oh, Goda Savulionyte, Satish Muluk
OBJECTIVE: The standard of care in the treatment of vascular disease continues to evolve as endovascular therapies develop. Currently, it is unclear how medical malpractice litigation has adapted to the "endovascular era." This retrospective case review is the most comprehensive analysis to date of malpractice actions involving endovascular procedures performed by vascular surgeons (VSs), interventional radiologists (IRs), interventional cardiologists (ICs), and cardiothoracic surgeons (CTSs)...
February 3, 2018: Journal of Vascular Surgery
Michael M Kheir, Alexander J Rondon, Alexandra Woolsey, Heather Hansen, Timothy L Tan, Javad Parvizi
BACKGROUND: A prior survey of members of the American Association of Hip and Knee Surgeons revealed that 78% of responding surgeons were named as a defendant in at least 1 lawsuit, and 69% of these lawsuits were dismissed or settled out of court. The most common sources of litigation were nerve injury, limb-length discrepancy, and infection. This study examined common reasons for lawsuits after total joint arthroplasty (TJA) in a single metropolitan area. METHODS: A retrospective review of lawsuits filed between 2009 and 2015 in a 5-county metropolitan area was performed, including 30 hospitals and 113 TJA surgeons...
December 14, 2017: Journal of Arthroplasty
Ariane Lewis, James L Bernat, Sandralee Blosser, Richard J Bonnie, Leon G Epstein, John Hutchins, Matthew P Kirschen, Michael Rubin, James A Russell, Justin A Sattin, Eelco F M Wijdicks, David M Greer
In response to a number of recent lawsuits related to brain death determination, the American Academy of Neurology Ethics, Law, and Humanities Committee convened a multisociety quality improvement summit in October 2016 to address, and potentially correct, aspects of brain death determination within the purview of medical practice that may have contributed to these lawsuits. This article, which has been endorsed by multiple societies that are stakeholders in brain death determination, summarizes the discussion at this summit, wherein we (1) reaffirmed the validity of determination of death by neurologic criteria and the use of the American Academy of Neurology practice guideline to determine brain death in adults; (2) discussed the development of systems to ensure that brain death determination is consistent and accurate; (3) reviewed strategies to respond to objections to determination of death by neurologic criteria; and (4) outlined goals to improve public trust in brain death determination...
January 31, 2018: Neurology
Hew Hei Choy, Aniza Ismail
The relationship based on trust is exceptionally important in healthcare, where life or death and quality of health are major concerns. Relational crack jeopardises the provision of quality healthcare when trust is taken for granted. Trust is believed to be the vital key to minimise medical negligence, lawsuits and patient complaints towards healthcare providers while acting as an empowering agent to significant clinical outcomes. Trust is indispensable to healthcare. However, to identify its deterioration is not a simple feature...
December 2017: Malaysian Journal of Medical Sciences: MJMS
Jesús García-Cano, Francisco Domper
The term "ERCP cannulation" returns 1,563 items in Pubmed. In 1980 there were 7 papers, and 92 were included in 2015. Any gastroenterologist knows ERCP is often a complex procedure, at times with uncertain results, that unfortunately leads every so often to lawsuits. Most issues derive from attempts at biliary cannulation, despite the improved instruments available since the days of the first sphincterotomy back in 1974. The initial priority goal of ERCP learning is a satisfactory rate of choledochal cannulation...
January 16, 2018: Revista Española de Enfermedades Digestivas
Alphia Abdikeeva, Alina Covaci
Across Europe, Roma face exclusion and obstacles in access to health services, resulting in poorer health. While there are legal and policy frameworks for Roma inclusion, implementation often lags behind. Increasing the grassroots capacity of Roma to advocate for accountability in health care and against systemic impediments has been a central focus of Open Society Foundations (OSF) support. This analysis discusses the impact of an OSF-supported legal advocacy project on Roma health rights in Macedonia. The paper uses qualitative indicators to measure the capacity of nongovernmental organizations, accountability for violations, changes in law and practice, and impact on communities...
December 2017: Health and Human Rights
Kathleen Kieran, Norman M Jensen, Marcy Rosenbaum
OBJECTIVE: To assess the current state of published literature on communication skill teaching in urology in order to inform future directions for research and teaching. Excellent patient-physician communication skills increase understanding of medical conditions, facilitate shared decision making regarding treatment planning, improve clinical outcomes, and decrease lawsuits. Surgical and procedure-based subspecialties, including urology, have generally been slow to incorporate formal communication skill teaching into curricula for postgraduate trainees...
December 27, 2017: Urology
Justyna Zajdel, Adam Dziki, Anna Krakowiak, Radosław Zajdel
INTRODUCTION: The development of patient rights and increasing number of lawsuits based on medical malpractice make medical doctors constantly improve knowledge regarding the acceptability of changing the scope of operation. This is particularly important when patients have expressed their refusal to changing the scope and type of procedure (ESTP) or no informed consent (IC) has been obtained from the patient prior to the procedure. MATERIAL AND METHODS: The method of study comprised content analysis of existing legislation...
December 23, 2017: Annals of Agricultural and Environmental Medicine: AAEM
Paul J Perry, Shadi Doroudgar, Priscilla Van Dyke
Ethanol abuse can lead to negative consequences that oftentimes result in criminal charges and civil lawsuits. When an individual is suspected of driving under the influence, law enforcement agents can determine the extent of intoxication by measuring the blood alcohol concentration (BAC) and performing a standardized field sobriety test. The BAC is dependent on rates of absorption, distribution, and elimination, which are influenced mostly by the dose of ethanol ingested and rate of consumption. Other factors contributing to BAC are gender, body mass and composition, food effects, type of alcohol, and chronic alcohol exposure...
December 2017: Journal of the American Academy of Psychiatry and the Law
Audrey Laur
Deaf patients are too often overlooked in our society despite requiring in-depth attention to their specific communication needs. If they are not able to communicate with healthcare professionals, they may be unable to access and receive appropriate care. Yet, medical providers who fail to address patients' linguistic difficulties breach their ethical and professional duties, and face potential malpractice lawsuits. This article aims to highlight the unequal access of medical care by deaf patients and the impact of language barriers...
January 1, 2017: Medico-legal Journal
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