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https://www.readbyqxmd.com/read/28929230/defensive-medicine-among-neurosurgeons-in-the-netherlands-a-national-survey
#1
Sandra C Yan, Alexander F C Hulsbergen, Ivo S Muskens, Marjel van Dam, William B Gormley, Marike L D Broekman, Timothy R Smith
OBJECTIVE: In defensive medicine, practice is motivated by legal rather than medical reasons. Previous studies have analyzed the correlation between perceived medico-legal risk and defensive behavior among neurosurgeons in the United States, Canada, and South Africa, but not yet in Europe. The aim of this study is to explore perceived liability burdens and self-reported defensive behaviors among neurosurgeons in the Netherlands and compare their practices with their non-European counterparts...
September 20, 2017: Acta Neurochirurgica
https://www.readbyqxmd.com/read/28904910/complications-acknowledging-managing-and-coping-with-human-error
#2
REVIEW
Sevann Helo, Carol-Anne E Moulton
Errors are inherent in medicine due to the imperfectness of human nature. Health care providers may have a difficult time accepting their fallibility, acknowledging mistakes, and disclosing errors. Fear of litigation, shame, blame, and concern about reputation are just some of the barriers preventing physicians from being more candid with their patients, despite the supporting body of evidence that patients cite poor communication and lack of transparency as primary drivers to file a lawsuit in the wake of a medical complication...
August 2017: Translational Andrology and Urology
https://www.readbyqxmd.com/read/28904893/surgical-patient-selection-and-counseling
#3
REVIEW
Matt Ziegelmann, Tobias S Köhler, George C Bailey, Tanner Miest, Manaf Alom, Landon Trost
The objectives of patient selection and counseling are ultimately to enhance successful outcomes. However, the definition for success is often narrowly defined in published literature (ability to complete surgery, complications, satisfaction) and fails to account for patient desires and expectations, temporal changes, natural history of underlying diseases, or independent validation. Factors associated with satisfaction and dissatisfaction are often surgery-specific, although correlation with pre-operative expectations, revisions, and complications are common with most procedures...
August 2017: Translational Andrology and Urology
https://www.readbyqxmd.com/read/28895828/new-caution-about-risk-adjustment-after-united-whistleblower-lawsuit
#4
Joseph Burns
Did UnitedHealthcare's risk adjustment department actually "turn on the gas," as one executive put it, in an illegal effort to increase revenue? That's the claim at the heart of two cases the federal Department of Justice brought this spring against the nation's largest health insurer. The industry is watching closely.
July 2017: Managed Care
https://www.readbyqxmd.com/read/28885990/financial-performance-employee-well-being-and-client-well-being-in-for-profit-and-not-for-profit-nursing-homes-a-systematic-review
#5
Aline Bos, Paul Boselie, Margo Trappenburg
BACKGROUND: Expanding the opportunities for for-profit nursing home care is a central theme in the debate on the sustainable organization of the growing nursing home sector in Western countries. PURPOSES: We conducted a systematic review of the literature over the last 10 years in order to determine the broad impact of nursing home ownership in the United States. Our review has two main goals: (a) to find out which topics have been studied with regard to financial performance, employee well-being, and client well-being in relation to nursing home ownership and (b) to assess the conclusions related to these topics...
October 2017: Health Care Management Review
https://www.readbyqxmd.com/read/28884238/medicolegal-sidebar-mis-informed-consent-in-medical-negligence-lawsuits
#6
Wendy Z W Teo, Lawrence H Brenner, B Sonny Bal
No abstract text is available yet for this article.
September 7, 2017: Clinical Orthopaedics and related Research
https://www.readbyqxmd.com/read/28868502/analysis-of-closed-medical-litigation-in-urology
#7
Su Hwan Shin, So Yoon Kim, Seung Gyeong Jang, Won Lee
PURPOSE: The objective of this study was to provide a descriptive understanding of the characteristics of malpractice litigation related to urology by examining court cases. MATERIALS AND METHODS: A total of 6,074 court cases related to medical malpractice litigation filed between 2005 and 2010 were received from the Lower Courts, the Appellate Courts, and the Supreme Court of Korea. Of the received cases, 34 urology-related civil proceedings were analyzed. The following information was compiled and investigated from the cases: background, age and sex of patient, categorization of the defendant, opinion of the court, amount claimed and awarded in damages, type of medical treatment involved, and negative effects resulting from the medical accident...
September 2017: Investigative and Clinical Urology
https://www.readbyqxmd.com/read/28865810/consolidated-state-political-party-control-and-the-enactment-of-obesity-related-policies-in-the-united-states
#8
Jennifer L Pomeranz, Arjumand Siddiqi, Gabriella J Bolanos, Jeremy A Shor, Rita Hamad
States play a key role in addressing obesity and its risk factors through policymaking, but there is variation in state activity nationally. The goal of this study was to examine whether the presence of a consolidated Democratic or Republican "trifecta" - when a state's governorship and both houses of the legislature are dominated by the same political party - or divided government (i.e., without a trifecta) is associated with obesity-related policy content and enactment. In 2016 and 2017, we gathered state bills and laws utilizing the CDC Chronic Disease State Policy Tracking System, and examined the association between state-level political party control and the enactment of state-level obesity-related policies in all states during 2009-2015...
August 30, 2017: Preventive Medicine
https://www.readbyqxmd.com/read/28858936/pathologists-use-of-second-opinions-in-interpretation-of-melanocytic-cutaneous-lesions-policies-practices-and-perceptions
#9
Berta M Geller, Paul D Frederick, Stevan R Knezevich, Jason P Lott, Heidi D Nelson, Linda J Titus, Patricia A Carney, Anna N A Tosteson, Tracy L Onega, Raymond L Barnhill, Martin A Weinstock, David E Elder, Michael W Piepkorn, Joann G Elmore
BACKGROUND: Research examining the role of second opinions in pathology for diagnosis of melanocytic lesions is limited. OBJECTIVE: To assess current laboratory policies, clinical use of second opinions, and pathologists' perceptions of second opinions for melanocytic lesions. MATERIALS AND METHODS: Cross-sectional data collected from 207 pathologists in 10 US states who diagnose melanocytic lesions. The web-based survey ascertained pathologists' professional information, laboratory second opinion policy, use of second opinions, and perceptions of second opinion value for melanocytic lesions...
August 29, 2017: Dermatologic Surgery: Official Publication for American Society for Dermatologic Surgery [et Al.]
https://www.readbyqxmd.com/read/28854303/medical-malpractice-lawsuits-involving-surgical-residents
#10
Cornelius A Thiels, Asad J Choudhry, Mohamed D Ray-Zack, Rachel A Lindor, John R Bergquist, Elizabeth B Habermann, Martin D Zielinski
Importance: Medical malpractice litigation against surgical residents is rarely discussed owing to assumed legal doctrine of respondeat superior, or "let the master answer." Objective: To better understand lawsuits targeting surgical trainees to prevent future litigation. Design, Setting, and Participants: Westlaw, an online legal research database containing legal records from across the United States, was retrospectively reviewed for malpractice cases involving surgical interns, residents, or fellows from January 1, 2005, to January 1, 2015...
August 30, 2017: JAMA Surgery
https://www.readbyqxmd.com/read/28852790/informed-consent-checklists-for-midurethral-slings-a-common-sense-approach
#11
G Alessandro Digesu, Steven Swift, Victoria Handley
INTRODUCTION AND HYPOTHESIS: Following the US Food and Drug Administration's (FDA's) warning about the use of transvaginal mesh to treat pelvic organ prolapse (POP) and the use of single-incision slings to treat incontinence, the number of lawsuits for medical negligence regarding the use of any polypropylene mesh in the vagina has increased tremendously. METHODS: This same FDA document did not question the use of polypropylene midurethral slings and polypropylene for sacrocolpopexies...
August 29, 2017: International Urogynecology Journal
https://www.readbyqxmd.com/read/28820775/the-doctrine-of-deliberate-indifference-reed-vs-krajca
#12
Astrid D Oviedo
Facts of the Reed v. Krajca case are presented in which plaintiffs filed a lawsuit for civil damages under the doctrine of deliberate indifference and defendant, Nurse Krajca, invoked qualified immunity in a motion for summary judgment. The Court of Appeal's decision and the dissenting opinion on the issue of deliberate indifference are discussed. This case report provides a concrete example of how the doctrine of deliberate indifference was interpreted by the Court of Appeal and becomes a springboard for analysis and discussion for nurses to guide their practice...
July 2017: Journal of Forensic Nursing
https://www.readbyqxmd.com/read/28801470/litigation-provides-clues-to-ongoing-challenges-in-implementing-insurance-parity
#13
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
#14
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
#15
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
#16
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
#17
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...
October 2017: Cornea
https://www.readbyqxmd.com/read/28729490/gender-discrimination-lawsuit-at-salk-ignites-controversy
#18
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
#19
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
#20
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
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