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Medical malpractice

Santo Davide Ferrara, Guido Viel
OBJECTIVES: The manuscript deals with personalized medicine and medical liability in Europe and Italy, addressing the importance of synergistic collaboration between clinical and medico-legal professionals in order to appropriately investigate medical errors and prevent any future adverse event. METHODS: Following a rapid epidemiological overview of mala praxis in Europe, the manuscript presents and discusses the International Guidelines developed and adopted by the International Academy of Legal Medicine (IALM), which guide the work of the medical experts under both criminal and/or civil law...
November 2017: Giornale Italiano di Medicina del Lavoro Ed Ergonomia
Kenny Oh, Anil Hingorani
OBJECTIVE: Placement of inferior vena cava (IVC) filters is a controversial focus of medical malpractice. Clinicians currently have little information to guide them regarding key issues and outcomes in litigation. In this retrospective legal case review, we analyzed the factors associated with malpractice actions involving IVC filters. METHODS: The legal databases LexisNexis and Westlaw were searched from 1967 to 2016 for all published legal cases in the United States involving placement of IVC filters...
July 2018: Journal of Vascular Surgery. Venous and Lymphatic Disorders
César Vargas-Blasco, Esperanza L Gómez-Durán, Carles Martin-Fumadó, Josep Arimany-Manso
OBJECTIVES: Data about urology malpractice claims in our environment are scarce and should be considered a potential opportunity to "learn from errors". METHODS: We analyzed every claim for alleged malpractice in Urology managed by the Council of Medical Colleges of Catalonia between 1990 and 2012, and specifically evaluated the clinical and medicolegal features of those cases with medical professional responsibility. RESULTS: We identified 182 cases in 22 years, but only the 25,74%showed professional liability...
June 2018: Archivos Españoles de Urología
Steven A Farmer, Ali Moghtaderi, Samantha Schilsky, David Magid, William Sage, Nori Allen, Frederick A Masoudi, Avi Dor, Bernard Black
Importance: Physicians often report practicing defensive medicine to reduce malpractice risk, including performing expensive but marginally beneficial tests and procedures. Although there is little evidence that malpractice reform affects overall health care spending, it may influence physician behavior for specific conditions involving clinical uncertainty. Objective: To examine whether reducing malpractice risk is associated with clinical decisions involving coronary artery disease testing and treatment...
June 6, 2018: JAMA Cardiology
Howard Y Park, Stephen D Zoller, William L Sheppard, Vishal Hegde, Ryan A Smith, Rachel M Borthwell, Samuel J Clarkson, Christopher D Hamad, Joshua D Proal, Nicholas M Bernthal
BACKGROUND: According to the American Academy of Orthopaedic Surgeons (AAOS) Standards of Professionalism, the responsible testimony of expert witnesses in orthopaedic surgery malpractice lawsuits is important to the public interest. However, these expert witnesses are recruited and compensated without established standards, and their testimony can potentially sway court opinion, with substantial consequences. The objective of this study was to characterize defense and plaintiff expert orthopaedic surgeon witnesses in orthopaedic surgery malpractice litigation...
June 6, 2018: Journal of Bone and Joint Surgery. American Volume
Albert D Rebosa
No abstract text is available yet for this article.
December 15, 2017: Journal of Legal Medicine
Eric Gupta, Ryan Doucette, Weldon Havins
No abstract text is available yet for this article.
December 15, 2017: Journal of Legal Medicine
James M Nold, Karin Waugh Zucker, Martin J Boyle
No abstract text is available yet for this article.
December 15, 2017: Journal of Legal Medicine
Joseph A Gil, Steven Bokshan, Timothy Genovese, Christopher Got, Alan H Daniels
There is a paucity of literature examining the reasons for litigation following carpal tunnel surgery in the United States. The purpose of this retrospective study was to examine a nationwide legal database to describe the most frequent reasons for malpractice litigation following carpal tunnel surgery. All malpractice claims that occurred following carpal tunnel surgery were included. In total, 46 cases met inclusion criteria, representing 15 male and 31 female patients with an average age of 46.4 years (±14...
May 29, 2018: Orthopedics
Sonia B Fernández-Cantón, José N Rizo-Amézquita
Background: Claims by health services users are a negative indicator of the care quality. To know the situations that originate them, and their consequences are key issues to consider in order to design strategies to improve the quality of health services. This study analyses the cases submitted to the National Medical Arbitration Commission with a final arbitration decision during the period 2011-2015, related to health service users younger than 15 years old. Methods: Cross-sectional descriptive study...
2018: Boletín Médico del Hospital Infantil de México
Valentyn V Franchuk, Svitlana V Trach Rosolovska, Petro R Selskyy, Anna Z Mykolenko, Petro Ya Bodnar
OBJECTIVE: Introduction: The peculiarities of the disadvantages of providing medical care in Ukraine are not well-known abroad. The aim: To study the peculiarities of court decisions in cases of unfavorable consequences of medical activity. PATIENTS AND METHODS: Materials and methods: The article analyzes the official data of the General Prosecutor's Office of Ukraine and the website of court decisions regarding criminal cases against medical practitioners. RESULTS: Review: Approximately 600 cases of alleged medical malpractice cases are registered annually in Ukraine...
2018: Wiadomości Lekarskie: Organ Polskiego Towarzystwa Lekarskiego
Katie E Pettit, Joseph S Turner, Katherine A Pollard, Bryce B Buente, Aloysius J Humbert, Anthony J Perkins, Cherri D Hobgood, Jeffrey A Kline
Introduction: Effective communication between clinicians and patients has been shown to improve patient outcomes, reduce malpractice liability, and is now being tied to reimbursement. Use of a communication strategy known as "scripting" has been suggested to improve patient satisfaction in multiple hospital settings, but the frequency with which medical students use this strategy and whether this affects patient perception of medical student care is unknown. Our objective was to measure the use of targeted communication skills after an educational intervention as well as to further clarify the relationship between communication element usage and patient satisfaction...
May 2018: Western Journal of Emergency Medicine
Vesela P Kovacheva, Ethan Y Brovman, Penny Greenberg, Ellen Song, Arvind Palanisamy, Richard D Urman
BACKGROUND: Detailed reviews of closed malpractice claims have provided insights into the most common events resulting in litigation and helped improve anesthesia care. In the past 10 years, there have been multiple safety advancements in the practice of obstetric anesthesia. We investigated the relationship among contributing factors, patient injuries, and legal outcome by analyzing a contemporary cohort of closed malpractice claims where obstetric anesthesiology was the principal defendant...
May 10, 2018: Anesthesia and Analgesia
Yisi D Ji, Thomas B Dodson, R Bruce Donoff, Puhan He
No abstract text is available yet for this article.
April 19, 2018: Journal of Oral and Maxillofacial Surgery
Dawn S Hui, Katie M Miles, Richard Lee
BACKGROUND: Cardiothoracic surgery is one of the more highly litigated medical specialties. The incidence and outcomes of federal cases related to cardiac surgery have not been previously explored. METHODS: A legal research service was queried for cardiac surgery-related terms. Citations and related documents were reviewed for relevance and case details. Inclusion criteria were federal district court cases involving cardiac operations. Exclusion criteria were rulings on solely procedural matters...
April 30, 2018: Annals of Thoracic Surgery
D Bertossi, D Marchioni, M Manuelli, U Tacchino, G Giampaoli, I Dall'Acqua, D De Santis, G Ricciardi, L Lanaro, N Kumar, R Nocini, P F Nocini
We report the case of a 36-year-old adult male patient who came to our attention for the evaluation of a possible iatrogenic injury suffered during the surgical correction of congenital choanal atresia. This case report retraces the patient's medical history and the events lapsed in the peri-operative time analyzing if any malpractice has occurred in causing the amaurosis.
March 2018: Journal of Biological Regulators and Homeostatic Agents
Kazuhiko Yamashita, Kaori Kusuda, Yoshitomo Ito, Masaru Komino, Kiyohito Tanaka, Satoru Kurokawa, Michitaka Ameya, Daiji Eba, Ken Masamune, Yoshihiro Muragaki, Yuji Ohta, Chugo Rinoie, Kenji Yamada, Yoshiki Sawa
BACKGROUND: Surgical instrument retention and instrument breakage compromise surgery quality and lead to medical malpractice. We developed an instrument tracking system that could alert surgeons to instrument retention during surgery and monitor instrument use to reduce the risk of breakage. METHODS: This prospective, experimental clinical trial included 15 patients undergoing inguinal hernia surgery or lumpectomy under general anesthesia at Saiseikai Kurihashi Hospital...
April 1, 2018: Surgical Innovation
Jonathan S Abelson, Julie A Sosa, Matthew M Symer, Jialin Mao, Fabrizio Michelassi, Richard Bell, Art Sedrakyan, Heather L Yeo
Importance: Attrition from general surgery training is highest during internship. Whether the expectations and attitudes of new trainees affect their subsequent risk of attrition is unknown. Objective: To identify the expectations of general surgery residency associated with attrition from training. Design, Setting, and Participants: This prospective observational cohort study included categorical general surgery interns entering training in the 2007-2008 academic year...
April 18, 2018: JAMA Surgery
Alexander B Stone, Ethan Y Brovman, Penny Greenberg, Richard D Urman
STUDY OBJECTIVE: Gastrointestinal endoscopy cases make up the largest portion of out of operating room malpractice claims involving anesthesiologists. To date, there has been no closed claims analysis specifically focusing on the claims from the endoscopy suite. We aim to identify associated case characteristics and contributing factors. DESIGN: Retrospective review of closed claims. SETTING: Multi-institutional setting of hospitals that submit data to the Controlled Risk Insurance Company (CRICO) Comparative Benchmarking System, a database representing approximately 30% of annual malpractice cases in the United States...
August 2018: Journal of Clinical Anesthesia
Richard R Pierce, David W Martell
No abstract text is available yet for this article.
May 2018: Dermatologic Surgery: Official Publication for American Society for Dermatologic Surgery [et Al.]
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