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Traci Watson
No abstract text is available yet for this article.
October 13, 2016: Nature
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...
October 16, 2016: Medicine, Conflict, and Survival
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...
October 12, 2016: American Journal of Clinical Dermatology
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
Zolaykha Asghari, Alireza Mardanshahi, Ebrahim Bagherian Farahabadi, Hasan Siamian, Ali Morad Heidari Gorji, Benyamin Mohseni Saravi, Esmaeil Rezazadeh, Seyyed Payam Paymard
INTRODUCTION: Documentation of patients' medical records has been always emphasized because medical records are as a means to be applied by patients, all medical staff, quality evaluations of health care, lawsuits, medical education and, etc. Regarding to this, each of the data elements available in the sheets of medical records has their own values. The rate of completion indicates the importance of the medical recorders for faculty member. So in this article the researcher evaluates the completion of medical records in the teaching hospitals of Mazandaran University of Medical Sciences...
July 24, 2016: Materia Socio-medica
Bo Young Park, Jungwoo Kwon, So Ra Kang, Seung Eun Hong
BACKGROUND: In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. METHODS: We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent...
September 2016: Archives of Plastic Surgery
Dinesh Sirisena, Joy Walter, Joanne Probert
No abstract text is available yet for this article.
September 28, 2016: British Journal of Sports Medicine
Sandra H Johnson
The Department of Health and Human Services has issued far-reaching regulations to implement the nondiscrimination requirement of the Affordable Care Act. Now commonly called "Section 1557," this ACA provision prohibits discrimination by "any health program or activity, any part of which is receiving Federal financial assistance," on grounds prohibited under previously enacted federal antidiscrimination statutes. The DHHS Office of Civil Rights enforces Section 1557. These new regulations and accompanying commentary give warning of the standards the agency will use in its enforcement efforts...
September 2016: Hastings Center Report
Kieran C O'Doherty, Emily Christofides, Jeffery Yen, Heidi Beate Bentzen, Wylie Burke, Nina Hallowell, Barbara A Koenig, Donald J Willison
BACKGROUND: Health research increasingly relies on organized collections of health data and biological samples. There are many types of sample and data collections that are used for health research, though these are collected for many purposes, not all of which are health-related. These collections exist under different jurisdictional and regulatory arrangements and include: 1) Population biobanks, cohort studies, and genome databases 2) Clinical and public health data 3) Direct-to-consumer genetic testing 4) Social media 5) Fitness trackers, health apps, and biometric data sensors Ethical, legal, and social challenges of such collections are well recognized, but there has been limited attention to the broader societal implications of the existence of these collections...
2016: BMC Medical Ethics
G Petaccia, C G Lai, C Milazzo, L Natale
When a severe flood wave completely filled the Ortiglieto reservoir on August 13, 1935, the 14 m high "Sella Zerbino" secondary dam failed catastrophically causing > 100 casualties. Both of the dams, Sella Zerbino-Zerbino Saddle and Bric Zerbino-Zerbino Peak (Fig. 1) were overtopped but only the Sella Zerbino failed whereas the main barrage did not suffer any damage. The lawsuit that followed this tragic event ended with a full acquittal of the dam's designers since the plaintiff experts succeeded in demonstrating that the collapse was due to an extreme rainfall storm of unpredictable intensity...
August 23, 2016: Engineering Geology
Stephanie B Engelhard, Megan Collins, Christopher Shah, Austin J Sim, Ashvini K Reddy
Importance: Understanding outcomes of pediatric malpractice litigation allows ophthalmologists to gain insight into how to best care for patients and prevent such litigation. Objectives: To report and analyze the causes and outcomes of ophthalmology medical malpractice litigation involving patients younger than 18 years. Design, Setting, and Participants: The WestLaw database was reviewed from April 1 to 30, 2015, for ophthalmology-related lawsuits, including settlements and trial verdicts, in the United States from January 1, 1930, to December 31, 2014...
September 1, 2016: JAMA Ophthalmology
Alice Aquino Zanin, Lara Maria Herrera, Rodolfo Francisco Haltenhoff Melani
In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists...
2016: Brazilian Oral Research
Minsu Ock, Hyun Joo Kim, Min-Woo Jo, Sang-Il Lee
BACKGROUND: Experience with open disclosure and its study are restricted to certain western countries. In addition, there are concerns that open disclosure may be less suitable in non-western countries. The present study explored and compared the in-depth perceptions of the general public and physicians regarding open disclosure in Korea. METHODS: We applied the COREQ (Consolidated Criteria for Reporting Qualitative Research) checklist to this qualitative study...
2016: BMC Medical Ethics
Asad J Choudhry, Nadeem N Haddad, Mariela Rivera, David S Morris, Scott P Zietlow, Henry J Schiller, Donald H Jenkins, Naadia M Chowdhury, Martin D Zielinski
BACKGROUND: Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12-16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. METHODS: Using the search terms "medical malpractice" and "small bowel obstruction," we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes...
October 2016: Surgery
Lisa Schencker
No abstract text is available yet for this article.
May 30, 2016: Modern Healthcare
(no author information available yet)
[This corrects the article DOI: 10.1590/0102-311X00219113.].
July 7, 2016: Cadernos de Saúde Pública
Lisa Schencker
No abstract text is available yet for this article.
May 16, 2016: Modern Healthcare
Anne Wandler, Eva Spaun, Torben Steiniche, Patricia S Nielsen
BACKGROUND: Inability to distinguish melanomas from benign nevi is the most frequent reason for malpractice lawsuits in surgical pathology. Reliable diagnostic tools to support hematoxylin and eosin (H&E) stains and induce diagnostic vigilance are thus highly needed. Because high diagnostic performance recently was showed using automated image analysis, the immunohistochemical proliferation marker Ki67 seems a potential candidate. This study aimed to investigate if this previously presented automated algorithm could have prevented 10 false-negative melanoma diagnoses...
July 27, 2016: Journal of Cutaneous Pathology
James C Johnston, Knut Wester, Thomas P Sartwelle
A young woman presents with an intracranial arachnoid cyst. Another is diagnosed with migraine headache. An elderly man awakens with a stroke. And a baby delivered vaginally after 2 hours of questionable electronic fetal monitoring patterns grows up to have cerebral palsy. These seemingly disparate cases share a common underlying theme: medical myths. Myths that may lead not only to misdiagnosis and treatment harms but to seemingly never-ending medical malpractice lawsuits, potentially culminating in a settlement or judgment against an unsuspecting neurologist...
August 2016: Neurologic Clinics
(no author information available yet)
In today's litigious society, case managers should have their own malpractice insurance to protect their assets, experts say. Attorneys cast a wide net and often include anyone who has interacted with the patient in malpractice lawsuits. When CMS' new discharge planning guidelines go into effect, case managers will be vulnerable to Lawsuits if discharges are unsuccessful. The hospital's legal counsel will not necessarily represent the case manager's best interests, which is why case managers need their own malpractice coverage...
July 2016: Hospital Case Management: the Monthly Update on Hospital-based Care Planning and Critical Paths
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