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Medical malpractice

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https://www.readbyqxmd.com/read/29053523/enhanced-informed-consent-in-hand-surgery-techniques-to-improve-the-informed-consent-process
#1
Brent R DeGeorge, Anthony J Archual, Bruce D Gehle, Raymond F Morgan
The informed consent process is central to the practice of surgery. Rather than a single event or required form, informed consent should be an educational discussion between the surgeon and patient covering the proposed benefits, risks, potential complications, and alternatives of a given operation. The rise in medical malpractice claims in recent decades has placed ever greater importance on the informed consent process. Informed consent requires a patient with decision making capacity to comprehend the pertinent details of the proposed intervention...
October 19, 2017: Annals of Plastic Surgery
https://www.readbyqxmd.com/read/29052704/patients-experiences-with-communication-and-resolution-programs-after-medical-injury
#2
Jennifer Moore, Marie Bismark, Michelle M Mello
Importance: Dissatisfaction with medical malpractice litigation has stimulated interest by health care organizations in developing alternatives to meet patients' needs after medical injury. In communication-and-resolution programs (CRPs), hospitals and liability insurers communicate with patients about adverse events, use investigation findings to improve patient safety, and offer compensation when substandard care caused harm. Despite increasing interest in this approach, little is known about patients' and family members' experiences with CRPs...
October 9, 2017: JAMA Internal Medicine
https://www.readbyqxmd.com/read/29050043/-malpractice-claims-against-pediatricians-analysis-of-expert-testimonies-from-the-medical-service-of-health-insurance-companies-between-2000-and-2014
#3
Heiko Steinhauer, Joachim Holzschuh, Thomas Böhler
Background In Germany, few data are available on medical malpractice claims against pediatricians. On behalf of Statutory Health Insurance Companies their Medical Service (MDK) regularly offers expert testimony in case of allegations during pediatric treatment. Methods Analysis of 374 written pediatric testimonies, documented between September 1st, 2000 and August 31st, 2014. Results 193 allegations against pediatricians were analysed separately for each sector of care (35% concerning outpatients, 28% normal inpatients, and 37% patients treated in an intensive care unit, ICU)...
October 19, 2017: Klinische Pädiatrie
https://www.readbyqxmd.com/read/29049120/a-contemporary-medicolegal-analysis-of-outpatient-medication-management-in-chronic-pain
#4
Christopher R Abrecht, Ethan Y Brovman, Penny Greenberg, Ellen Song, James P Rathmell, Richard D Urman
BACKGROUND: Opioids are frequently used in chronic pain management but are associated with significant morbidity and mortality in some patient populations. An important avenue for identifying complications-including serious or rare complications-is the study of closed malpractice claims. The present study is intended to complement the existing closed claims literature by drawing on claims from a more recent timeframe through a partnership with a large malpractice carrier, the Controlled Risk Insurance Company (CRICO)...
November 2017: Anesthesia and Analgesia
https://www.readbyqxmd.com/read/29040404/variables-that-impact-medical-malpractice-claims-involving-plastic-surgeons-in-the-united-states
#5
Piper Boyll, Paul Kang, Raman Mahabir, Robert W Bernard
Background: Medical malpractice lawsuits contribute directly and indirectly to the cost of healthcare in the United States. Reducing medical malpractice claims represents an often unrecognized opportunity for improving both the quality and affordability of healthcare. Objectives: The aim of this study was to better understand variables of the informed consent process that may contribute to reducing malpractice claims in plastic surgery. Methods: A prospective multiple choice questionnaire was distributed via email to all of the 1694 members of the American Society for Aesthetic Plastic Surgery (ASAPS) to evaluate attitudes and practices of informed consent in relation to medical malpractice...
October 12, 2017: Aesthetic Surgery Journal
https://www.readbyqxmd.com/read/29034379/medical-malpractice-an-introduction-for-the-dental-practitioner
#6
Inbal Blau, Liran Levin
With the plethora of medical malpractice claims, health care providers are forced to deal not only with medical matters but also with legal issues. Thus, unfortunately, every time health care providers give a medical treatment, they should be aware of the legal implications of their act. Most medical malpractice cases will be resolved in civil law and will have financial implications, but in extreme cases (such as causing death by negligence) criminal procedure may also be conducted, meaning criminal sanctions (imprisonment or fine)...
2017: Quintessence International
https://www.readbyqxmd.com/read/29022232/a-case-of-fatal-perimyocarditis-due-to-a-rare-disease
#7
Stefanie Plenzig, Sara Heinbuch, Hannelore Held, Marcel A Verhoff, Constantin Lux
Although myocarditis is caused by viral infections in about 50% of cases in European countries, various other causative agents are known. We report the case of a 51-year-old man who died several months after being diagnosed with asthma by his general practitioner. This diagnosis had been confirmed by a pulmonologist approximately 6 weeks before the man's death. To rule out the possibility of medical malpractice the prosecuting authority ordered a forensic autopsy. At autopsy macroscopic indicators for perimyocarditis and pneumonia were found...
October 11, 2017: Forensic Science, Medicine, and Pathology
https://www.readbyqxmd.com/read/28971925/outcomes-in-two-massachusetts-hospital-systems-give-reason-for-optimism-about-communication-and-resolution-programs
#8
Michelle M Mello, Allen Kachalia, Stephanie Roche, Melinda Van Niel, Lisa Buchsbaum, Suzanne Dodson, Patricia Folcarelli, Evan M Benjamin, Kenneth E Sands
Through communication-and-resolution programs, hospitals and liability insurers communicate with patients when adverse events occur; investigate and explain what happened; and, where appropriate, apologize and proactively offer compensation. Using data recorded by program staff members and from surveys of involved clinicians, we examined case outcomes of a program used by two academic medical centers and two of their community hospitals in Massachusetts in the period 2013-15. The hospitals demonstrated good adherence to the program protocol...
October 1, 2017: Health Affairs
https://www.readbyqxmd.com/read/28970057/understanding-the-legal-essentials-of-a-bowel-injury-lawsuit-in-minimally-invasive-gynecological-surgery
#9
REVIEW
Paul A Walden, Burak Zeybek, John Y Phelps
Bowel injury is a known inherent complication of minimally invasive gynecological surgery. However, it does not automatically signify medical malpractice. Plaintiff attorneys representing patients seeking legal recourse from their bowel injury typically allege claims of intraoperative negligence, delay in diagnosis, and lack of informed consent in an effort to circumvent the assertion that it is a known inherent complication. Additionally, damage awards in bowel injury lawsuits can easily exceed the amount covered by the policy limits of a medical malpractice insurance plan, leaving the gynecologist financially responsible for the difference...
September 29, 2017: Journal of Minimally Invasive Gynecology
https://www.readbyqxmd.com/read/28958119/-comment-on-the-article-arbitration-processes-after-mammary-augmentation-plasties-analysis-of-procedures-with-medical-malpractice-and-litigation-at-the-north-german-arbitration-board
#10
Raymund E Horch
No abstract text is available yet for this article.
September 2017: Handchirurgie, Mikrochirurgie, Plastische Chirurgie
https://www.readbyqxmd.com/read/28958117/-does-the-hand-solely-belong-in-the-hands-of-a-qualified-hand-surgeon
#11
Asim Güven, Kerstin Kols, Klaus Fischer, Michael Schönberger, Sixtus Allert
Background In Germany, Hand Surgery is an additional qualification that can only be obtained by a three-year training after a completed residency in General Surgery, Plastic Surgery or Trauma and Orthopaedic Surgery. Nevertheless, injuries and diseases of the hand are also treated by physicians without this particular qualification. It is questionable whether these treatments more often lead to medical malpractice. Material and Methods 376 charges of medical malpractice in surgical treatments of the hand and forearm that were closed in 2014 and 2015 were collected by the Arbitration Board for Medical Liability Issues of the Medical Association of North Germany...
September 2017: Handchirurgie, Mikrochirurgie, Plastische Chirurgie
https://www.readbyqxmd.com/read/28958113/-legal-quality-criteria-of-expert-opinions-in-liability-for-medical-malpractice
#12
Johann Neu
In litigation regarding to liability for medical malpractice the court itself for lack of medical expert knowledge cannot judge a claimed error in treatment. That applies too for the question if there is causation between the error in treatment and claimed damage to patient's health. In this respect, the court is dependent on a medical expert and is bound to his assessment, unless there is no quality deficit in respect of medical and/or legal criteria. The more the medical expert knows the legal background of physician's liability for medical malpractice, the less is the risk of legal quality deficits in his expert opinion and thereby also of judicial errors by court...
September 2017: Handchirurgie, Mikrochirurgie, Plastische Chirurgie
https://www.readbyqxmd.com/read/28953089/lawsuits-after-primary-and-revision-total-knee-arthroplasty-a-malpractice-claims-analysis
#13
Diana C Patterson, Ronald Grelsamer, Michael J Bronson, Calin S Moucha
INTRODUCTION: As the number of total knee arthroplasties (TKAs) increases, the number of associated complications will also increase. Our goal with this study was to identify common causes of and financial trends relating to malpractice claims filed after TKA. METHODS: We analyzed malpractice claims filed for alleged neglectful primary and revision TKA surgeries performed between 1982 and 2012 by orthopaedic surgeons insured by a large New York state malpractice carrier...
October 2017: Journal of the American Academy of Orthopaedic Surgeons
https://www.readbyqxmd.com/read/28929230/defensive-medicine-among-neurosurgeons-in-the-netherlands-a-national-survey
#14
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/28904546/evidence-based-draft-guideline-for-prevention-of-midwifery-malpractices-based-on-referred-cases-to-the-forensic-medicine-commission-and-the-medical-council-from-2006-2011
#15
Leila Asadi, Marjan Beigi, Mahbube Valiani, Fardin Mardani
BACKGROUND: Medical errors are the main concerns in health systems, which considering their ascending rate in the recent years, especially in the field of midwifery, have caused a medical crisis. Considering the importance of evidence-based health services as a way to improve health systems, the aim of this study was to suggest a guideline for preventing malpractice in midwifery services. MATERIALS AND METHODS: In this cross-sectional study that was conducted in 2013, we investigated 206 cases that were referred to the Isfahan Legal Medicine Organization and Medical Council of Forensic Medicine from 2006-2011...
July 2017: Iranian Journal of Nursing and Midwifery Research
https://www.readbyqxmd.com/read/28904542/claims-about-medical-malpractices-resulting-in-maternal-and-perinatal-mortality-referred-to-iranian-legal-medicine-organization-during-2011-2012
#16
Ziba Taghizadeh, Maryam Pourbakhtiar, Masoud Ghadipasha, Kamran Soltani, Khadijeh Azimi
BACKGROUND: Obstetricians, gynecologists, and midwives are the most common specialists of the medical sciences group against whom medical malpractices are claimed, many of which are avoidable and preventable. Therefore, the present study was conducted to investigate the causes of claims regarding medical malpractices resulting in maternal and perinatal mortality. MATERIALS AND METHODS: A descriptive cross-sectional study was conducted and 7616 claims of medical malpractices in the field of obstetrics, gynecology, and midwifery that were referred from all 31 provinces to the central commission of legal medicine were studied during 2011-2012...
July 2017: Iranian Journal of Nursing and Midwifery Research
https://www.readbyqxmd.com/read/28891358/defensive-medicine-among-obstetricians-and-gynaecologists-in-turkey
#17
Mert Küçük
In recent years, there has been a remarkable increase in medical malpractice litigations against OB/GYNs in Turkey and globally. This high litigation atmosphere may have changed attitudes, behaviour and practice of OB/GYNs. In the current study, opinions and attitudes of OB/GYNs regarding defensive medicine and to what extent they practice it were investigated. One hundred and eight OB/GYNs participated in the study. All participants found obstetrics and gynaecology riskier when compared with other medical branches and reported that they were increasingly practising defensive medicine...
September 11, 2017: Journal of Obstetrics and Gynaecology: the Journal of the Institute of Obstetrics and Gynaecology
https://www.readbyqxmd.com/read/28884471/the-complexity-of-empathy-during-medical-school-training-evidence-for-positive-changes
#18
Karen E Smith, Greg J Norman, Jean Decety
CONTEXT: Empathy is an essential aspect of clinical care, associated with improved patient satisfaction, increased adherence to treatment, and fewer malpractice complaints. Previous studies suggest that empathy declines during medical training. However, past research relied on a single narrowly operationalised, self-report measure of empathy. As empathy is a complex socio-emotional construct, it is critical to assess changes across its distinct components using multiple measures in order to better understand how it is influenced by medical training...
November 2017: Medical Education
https://www.readbyqxmd.com/read/28877170/overtreatment-in-the-united-states
#19
Heather Lyu, Tim Xu, Daniel Brotman, Brandan Mayer-Blackwell, Michol Cooper, Michael Daniel, Elizabeth C Wick, Vikas Saini, Shannon Brownlee, Martin A Makary
BACKGROUND: Overtreatment is a cause of preventable harm and waste in health care. Little is known about clinician perspectives on the problem. In this study, physicians were surveyed on the prevalence, causes, and implications of overtreatment. METHODS: 2,106 physicians from an online community composed of doctors from the American Medical Association (AMA) masterfile participated in a survey. The survey inquired about the extent of overutilization, as well as causes, solutions, and implications for health care...
2017: PloS One
https://www.readbyqxmd.com/read/28874176/evaluative-reports-on-medical-malpractice-policies-in-obstetrics-a-rapid-scoping-review
#20
Roberta Cardoso, Wasifa Zarin, Vera Nincic, Sarah Louise Barber, Ahmet Metin Gulmezoglu, Charlotte Wilson, Katherine Wilson, Heather McDonald, Meghan Kenny, Rachel Warren, Sharon E Straus, Andrea C Tricco
BACKGROUND: The clinical specialty of obstetrics is under particular scrutiny with increasing litigation costs and unnecessary tests and procedures done in attempts to prevent litigation. We aimed to identify reports evaluating or comparing the effectiveness of medical liability reforms and quality improvement strategies in improving litigation-related outcomes in obstetrics. METHODS: We conducted a rapid scoping review with a 6-week timeline. MEDLINE, EMBASE, LexisNexis Academic, the Legal Scholarship Network, Justis, LegalTrac, QuickLaw, and HeinOnline were searched for publications in English from 2004 until June 2015...
September 6, 2017: Systematic Reviews
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