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https://www.readbyqxmd.com/read/29671729/plastic-surgery-overseas-how-much-should-a-physician-risk-in-the-pursuit-of-higher-quality-continuity-of-care
#1
Scott Schweikart
In this article I discuss medical tourism, whereby patients go overseas for plastic surgery treatment in order to save money. However, if malpractice occurs abroad, there are several barriers that make it difficult for patients to recover damages. I explain these legal barriers and then discuss the possible causes of action patients can have over their "domestic physician" (their personal physician who might have referred surgery abroad or who gives postoperative follow-up care) and how these causes of action can create avenues of legal recovery not otherwise available...
April 1, 2018: AMA Journal of Ethics
https://www.readbyqxmd.com/read/29667638/-the-forensic-medical-aspects-of-the-inappropriate-medical-care-in-the-modern-day-ukraine
#2
V V Franchuk
Despite the fact that the ever growing relevance of the problem of the inappropriate medical care was long ago brought to the worldwide attention, it has not been practically addressed in the Ukraine since the country gained independence in 1991. The objective of the present study was to consider the specific features of expert examination of the cases of inappropriate medical care as exemplified by the materials of the legal actions and lawsuits instituted against healthcare specialists violating their occupational duties...
2018: Sudebno-meditsinskaia Ekspertiza
https://www.readbyqxmd.com/read/29665190/comparison-of-emergency-medicine-malpractice-cases-involving-residents-to-non-resident-cases
#3
Kiersten L Gurley, Shamai A Grossman, Margaret Janes, C Winnie Yu-Moe, Ellen Song, Carrie D Tibbles, Nathan I Shapiro, Carlo L Rosen
BACKGROUND: Data are lacking on how emergency medicine (EM) malpractice cases with resident involvement differs from cases that do not name a resident. OBJECTIVES: To compare malpractice case characteristics in cases where a resident is involved (resident case) to cases that do not involve a resident (non-resident case) and to determine factors that contribute to malpractice cases utilizing EM as a model for malpractice claims across other medical specialties. METHODS: We used data from the Controlled Risk Insurance Company (CRICO) Strategies' division Comparative Benchmarking System (CBS) to analyze open and closed EM cases asserted from 2009-2013...
April 17, 2018: Academic Emergency Medicine: Official Journal of the Society for Academic Emergency Medicine
https://www.readbyqxmd.com/read/29664759/characteristics-of-medical-professional-liability-claims-in-pediatric-orthopedics
#4
Jessica Burns, M Wade Shrader, Carla Boan, Mohan Belthur
OBJECTIVES: Medical malpractice is burdensome to the U.S. healthcare system. The following is an epidemiological analysis of the closed medical professional liability (MPL) claims in pediatric orthopedics using data maintained by the Physician Insurers Association of America. METHODS: The Physician Insurers Association of America registry of MPL claims from 1985 to 2013 for all specialties included 286,021 closed claims in the United States. All closed MPL claims for orthopedic surgery in patients younger than 18 years were retrospectively reviewed (N = 2,671)...
April 16, 2018: Journal of Patient Safety
https://www.readbyqxmd.com/read/29629889/necrotizing-fasciitis-possible-profiles-of-professional-liability-with-reference-to-two-cases
#5
Gian Luca Marella, Enrico De Dominicis, Giovanni Battista Paliani, Giuseppe Santeusanio, Luigi Tonino Marsella, Saverio Potenza
Necrotizing fasciitis is one of the most dangerous complication of an abscess and it is still a disease with a high mortality. In this work, we decided to consider two cases: the first one concerns a male subject, aged 66, deceased because of a fatal necrotizing fasciitis associated to a cervical descending mediastinitis, which evolved from a primary peritonsillar abscess; the second is about a 50-year-old woman with a perineal abscess, then evolved into necrotizing fasciitis associated to a fatal septis shock...
2018: Annali Italiani di Chirurgia
https://www.readbyqxmd.com/read/29627916/necrotizing-fasciitis-case-series-and-review-of-the-literature-on-clinical-and-medico-legal-diagnostic-challenges
#6
Paolo Fais, Alessia Viero, Guido Viel, Renzo Giordano, Dario Raniero, Stefano Kusstatscher, Chiara Giraudo, Giovanni Cecchetto, Massimo Montisci
Necrotizing fasciitis (NF) is a life-threatening infection of soft tissues spreading along the fasciae to the surrounding musculature, subcutaneous fat and overlying skin areas that can rapidly lead to septic shock and death. Due to the pandemic increase of medical malpractice lawsuits, above all in Western countries, the forensic pathologist is frequently asked to investigate post-mortem cases of NF in order to determine the cause of death and to identify any related negligence and/or medical error. Herein, we review the medical literature dealing with cases of NF in a post-mortem setting, present a case series of seven NF fatalities and discuss the main ante-mortem and post-mortem diagnostic challenges of both clinical and forensic interests...
April 7, 2018: International Journal of Legal Medicine
https://www.readbyqxmd.com/read/29610953/judicial-precedent-based-clinical-practice-guidelines-of-propofol-in-sedative-esthetic-surgery
#7
Duk Hee Lee, Joo Hyun Woo, Seung Eun Hong
BACKGROUND: Propofol is has been widely used for sedation in the field of esthetic surgery because of its favorable pharmacokinetic profile. Propofol sedation-induced side effects are rare. However, when present, they can be serious. The number of malpractice claims associated with propofol sedation has increased in recent years. This study aims to show which procedures lead to the most claims in the field of esthetic surgery through a review of Korean precedents. METHODS: Thirteen precedent cases of propofol sedation in the field of esthetic surgery were collected between 2000 and 2016...
April 2, 2018: Aesthetic Plastic Surgery
https://www.readbyqxmd.com/read/29595675/a-12-year-analysis-of-closed-medical-malpractice-claims-of-the-taiwan-civil-court-a-retrospective-study
#8
Chi-Yuan Hwang, Chien-Hung Wu, Fu-Cheng Cheng, Yung-Lin Yen, Kuan-Han Wu
Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claims. The aim of this study was to examine the epidemiologic factors related to medical malpractice claims, identify specialties at high risk of such claims, and determine clinical which errors tend to lead to medical malpractice lawsuits, by analyzing closed malpractice claims in the civil courts of Taiwan...
March 2018: Medicine (Baltimore)
https://www.readbyqxmd.com/read/29578910/multisource-evaluation-of-surgeon-behavior-is-associated-with-malpractice-claims
#9
Janaka Lagoo, William R Berry, Kate Miller, Brandon J Neal, Luke Sato, Keith D Lillemoe, Gerard M Doherty, James R Kasser, Elliot L Chaikof, Atul A Gawande, Alex B Haynes
OBJECTIVE: We merged direct, multisource, and systematic assessments of surgeon behavior with malpractice claims, to analyze the relationship between surgeon 360-degree reviews and malpractice history. BACKGROUND: Previous work suggests that malpractice claims are associated with a poor physician-patient relationship, which is likely related to behaviors captured by 360-degree review. We hypothesize that 360-degree review results are associated with malpractice claims...
March 23, 2018: Annals of Surgery
https://www.readbyqxmd.com/read/29561957/threats-to-bioethical-principles-in-medical-practice-in-brazil-new-medical-ethics-code-period
#10
G C L Gracindo, J H da Silva Gallo, R Nunes
We aimed to outline the profile of medical professionals in Brazil who have violated the deontological norms set forth in the ethics code of the profession, and whose cases were judged by the higher tribunal for medical ethics between 2010 and 2016. This survey was conducted using a database formed from professional ethics cases extracted from the plenary of the medical ethics tribunal of the Federal Council of Medicine. These were disciplinary ethics cases that were judged at appeal level between 2010 and 2016...
March 15, 2018: Brazilian Journal of Medical and Biological Research, Revista Brasileira de Pesquisas Médicas e Biológicas
https://www.readbyqxmd.com/read/29559055/failure-on-the-american-board-of-surgery-examinations-of-general-surgery-residency-graduates-correlates-positively-with-states-malpractice-risk
#11
Daniel L Dent, Mohammed J Al Fayyadh, Jeremy A Rawlings, Ramy A Hassan, Jason W Kempenich, Ross E Willis, Ronald M Stewart
It has been suggested that in environments where there is greater fear of litigation, resident autonomy and education is compromised. Our aim was to examine failure rates on American Board of Surgery (ABS) examinations in comparison with medical malpractice payments in 47 US states/territories that have general surgery residency programs. We hypothesized higher ABS examination failure rates for general surgery residents who graduate from residencies in states with higher malpractice risk. We conducted a retrospective review of five-year (2010-2014) pass rates of first-time examinees of the ABS examinations...
March 1, 2018: American Surgeon
https://www.readbyqxmd.com/read/29557933/perspectives-on-patient-safety-and-medical-malpractice-a-comparison-of-medical-and-legal-systems-in-italy-and-the-united-states
#12
Alessandro di Luca, Giuseppe Vetrugno, Vincenzo Lorenzo Pascali, Antonio Oliva, Al Ozonoff
OBJECTIVES: Italy is experiencing a crisis of malpractice litigation with important repercussions on the insurance industry (e.g., lower profits), physicians (e.g., defensive medicine), and the courts (e.g., work backlog, lengthy proceedings). We searched for common ground between legal systems in Italy and the United States and considered the implications for international collaborations in patient safety. METHODS: We examined the judicial frameworks of medical malpractice litigation in two countries with different legal foundations: the United States (a public-private system governed by common law) and Italy (a publicly financed healthcare system governed by civil law)...
March 19, 2018: Journal of Patient Safety
https://www.readbyqxmd.com/read/29556970/concepts-utility-and-limitations-of-cord-blood-banking-what-clinicians-need-to-know
#13
Dhanya Lakshmi Narayanan, Shubha R Phadke
Stem cell transplantation and cord blood banking have received much popularity among general public and medical professionals in the recent past. But information about the scientific aspects, its utility and limitations is incomplete amongst laypersons as well as many medical practitioners. Stem cells differ from all other types of cells in the human body because of their ability to multiply in order to self perpetuate and differentiate into specialized cells. Stems cells could be totipotent, multipotent, pluripotent, oligopotent or unipotent depending on the type of cells that can arise or differentiate from them...
March 20, 2018: Indian Journal of Pediatrics
https://www.readbyqxmd.com/read/29551402/systematic-review-of-professional-liability-when-prescribing-beta-lactams-for-patients-with-a-known-penicillin-allergy
#14
REVIEW
Meghan N Jeffres, Elizabeth A Hall-Lipsy, S Travis King, John D Cleary
OBJECTIVE: To describe medical negligence and malpractice cases in which a patient with a known penicillin allergy received a beta-lactam and experienced an adverse reaction related to the beta-lactam. DATA SOURCES: Lexis-Nexus, Westlaw, and Google Scholar were searched. STUDY SELECTIONS: Medical negligence and malpractice cases were eligible for inclusion if they met the following criteria: the plaintiff had a known penicillin allergy, received a beta-lactam, and experienced an adverse event...
March 15, 2018: Annals of Allergy, Asthma & Immunology
https://www.readbyqxmd.com/read/29536933/the-role-of-radiology-in-diagnostic-error-a-medical-malpractice-claims-review
#15
REVIEW
Dana Siegal, Lindsay M Stratchko, Courtney DeRoo
Just as radiologic studies allow us to see past the surface to the vulnerable and broken parts of the human body, medical malpractice claims help us see past the surface of medical errors to the deeper vulnerabilities and potentially broken aspects of our healthcare delivery system. And just as the insights we gain through radiologic studies provide focus for a treatment plan for healing, so too can the analysis of malpractice claims provide insights to improve the delivery of safe patient care. We review 1325 coded claims where Radiology was the primary service provider to better understand the problems leading to patient harm, and the opportunities most likely to improve diagnostic care in the future...
September 26, 2017: Diagnosis
https://www.readbyqxmd.com/read/29536927/medical-errors-malpractice-and-defensive-medicine-an-ill-fated-triad
#16
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
https://www.readbyqxmd.com/read/29530029/effect-of-clinical-decision-rules-patient-cost-and-malpractice-information-on-clinician-brain-ct-image-ordering-a-randomized-controlled-trial
#17
Ronald W Gimbel, Ronald G Pirrallo, Steven C Lowe, David W Wright, Lu Zhang, Min-Jae Woo, Paul Fontelo, Fang Liu, Zachary Connor
BACKGROUND: The frequency of head computed tomography (CT) imaging for mild head trauma patients has raised safety and cost concerns. Validated clinical decision rules exist in the published literature and on-line sources to guide medical image ordering but are often not used by emergency department (ED) clinicians. Using simulation, we explored whether the presentation of a clinical decision rule (i.e. Canadian CT Head Rule - CCHR), findings from malpractice cases related to clinicians not ordering CT imaging in mild head trauma cases, and estimated patient out-of-pocket cost might influence clinician brain CT ordering...
March 12, 2018: BMC Medical Informatics and Decision Making
https://www.readbyqxmd.com/read/29521815/electronic-health-record-related-events-in-medical-malpractice-claims-user-error-versus-use-error
#18
Linda Harrington
No abstract text is available yet for this article.
March 8, 2018: Journal of Patient Safety
https://www.readbyqxmd.com/read/29520344/analysis-of-lawsuit-cases-in-the-department-of-surgery-in-korea
#19
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
https://www.readbyqxmd.com/read/29514384/externally-acquired-radiological-image-data-and-reporting-for-the-clinical-routine-conference-and-boards-legal-aspects-of-the-second-opinion-in-germany
#20
Andreas G Schreyer, Britta Rosenberg, René T Steinhäuser
BACKGROUND:  Because of an increasing number of boards and conferences, the number of second opinion readings of externally acquired image data is growing dramatically. In this review article we intend to give medical and legal recommendations for the documentation and interpretation of externally acquired radiological data for second opinions and board presentations based on German jurisdiction. METHOD:  Using the FAQ format as a dialog between radiologists and medical legal experts, we answer the most crucial questions regarding correct documentation and interpretation for externally acquired radiological image data based on an up-to-date literature search...
March 7, 2018: RöFo: Fortschritte Auf Dem Gebiete der Röntgenstrahlen und der Nuklearmedizin
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