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Medical malpractice

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https://www.readbyqxmd.com/read/28634629/medical-malpractice-claims-in-laparoscopic-gynecologic-surgery-a-dutch-overview-of-20-years
#1
Evelien M Sandberg, Esmée M Bordewijk, Désirée Klemann, Sara R C Driessen, Andries R H Twijnstra, Frank Willem Jansen
BACKGROUND: The success of newly introduced surgical techniques is generally primarily assessed by surgical outcome measures. However, data on medical liability should concomitantly be used to evaluate provided care as they give a unique insight into substandard care from patient's point of view. The aim of this study was to analyze the number and type of medical claims after laparoscopic gynecologic procedures since the introduction of advanced laparoscopy two decades ago. Secondly, our objective was to identify trends and/or risk factors associated with these claims...
June 20, 2017: Surgical Endoscopy
https://www.readbyqxmd.com/read/28616831/invasive-prenatal-diagnostic-testing-recommendations-are-influenced-by-maternal-age-statistical-misconception-and-perceived-liability
#2
Talya Miron-Shatz, Sivan R Rapaport, Naama Srebnik, Yaniv Hanoch, Jonina Rabinowitz, Glen M Doniger, Linda Levi, Jonathan J Rolison, Avi Tsafrir
Funding policy and medico-legal climate are part of physicians' reality and might permeate clinical decisions. This study evaluates the influence of maternal age and government funding on obstetrician/gynecologist recommendation for invasive prenatal testing (i.e. amniocentesis) for Down syndrome (DS), and its association with the physician's assessment of the risk of liability for medical malpractice unless they recommend amniocentesis. Israeli physicians (N = 171) completed a questionnaire and provided amniocentesis recommendations for women at 18 weeks gestation with normal preliminary screening results, identical except aged 28 and 37...
June 14, 2017: Journal of Genetic Counseling
https://www.readbyqxmd.com/read/28612901/assessing-malpractice-lawsuits-for-death-or-injuries-due-to-amniotic-fluid-embolism
#3
S Zaami, E Marinelli, G La Torre, G Montanari Vergallo
Amniotic fluid embolism (AFE) is a pregnancy complication known to be extremely hard to diagnose, since it manifests itself abruptly and with no warning signs, presenting an incidence rate of about 1 in 40000 deliveries, and maternal morbidity and mortality ranging from 20% to 60%. Although almost a century has gone by since it was first identified (1926) and despite medical research having been conducted on such a syndrome, diagnostic procedures and treatment methods have not yet been clarified enough. Specific biochemical markers have been produced in research laboratories, but their clinical value results to be limited, given how rapid the pathological process moves forward...
May 2017: La Clinica Terapeutica
https://www.readbyqxmd.com/read/28594537/surgeon-patient-communication-disclosing-unanticipated-medical-outcomes-and-errors
#4
Michael R Marks
The disclosure of unanticipated medical outcomes and errors is essential as physicians strive to create a safer, higher quality healthcare delivery system. Physicians and other healthcare providers should use an organized approach to guide the disclosure of unanticipated medical outcomes and errors. An expression of sympathy or an apology on behalf of a physician depends on whether the medical outcome or error occurred after appropriate care (maloccurrence) or there was a deviation from the standard of care (malpractice)...
February 15, 2017: Instructional Course Lectures
https://www.readbyqxmd.com/read/28594536/surgeon-patient-communication-the-key-to-patient-satisfaction-patient-centered-care-and-shared-decision-making
#5
Dwight W Burney Iii
The surgeon-patient relationship is rapidly evolving from surgeon-centric to patient-centric. External forces, such as the Affordable Care Act and the unsustainable growth of healthcare costs in the United States, have disrupted the old model of medical care. Effective communication between surgeons and patients as well as patient satisfaction, treatment adherence, and shared decision making are essential components of the patient-centered care paradigm. Effective communication carries high stakes for surgeons, including increased surgeon satisfaction and a reduced risk of surgeon burnout and malpractice litigation...
February 15, 2017: Instructional Course Lectures
https://www.readbyqxmd.com/read/28592376/post-operative-fatal-blood-aspiration-after-routine-lung-surgery
#6
Stefanie Plenzig, Mauricio Soriano, Hannelore Held, Marcel A Verhoff
A routine question encountered in medicolegal practice is whether the death of a patient in proximity to a surgical procedure is due to medical malpractice. The case of a 62-year-old man who died two weeks after undergoing a VATS sleeve resection of the upper right lung lobe in conjunction with radical lymphadenectomy, a routine surgical procedure, is reported. To address the issue of medical malpractice, a forensic autopsy was ordered by the investigative authority. During the autopsy, the lungs were removed as a whole and fixed in formalin and were later dissected in cooperation with a thoracic surgeon...
May 26, 2017: Forensic Science International
https://www.readbyqxmd.com/read/28586962/nature-of-medical-malpractice-claims-against-radiation-oncologists
#7
Deborah Marshall, Kathryn Tringale, Michael Connor, Rinaa Punglia, Abram Recht, Jona Hattangadi-Gluth
PURPOSE: To examine characteristics of medical malpractice claims involving radiation oncologists closed during a 10-year period. METHODS AND MATERIALS: Malpractice claims filed against radiation oncologists from 2003 to 2012 collected by a nationwide liability insurance trade association were analyzed. Outcomes included the nature of claims and indemnity payments, including associated presenting diagnoses, procedures, alleged medical errors, and injury severity...
May 1, 2017: International Journal of Radiation Oncology, Biology, Physics
https://www.readbyqxmd.com/read/28585462/medical-malpractice-implications-of-clinical-practice-guidelines
#8
Douglas S Ruhl, Gil Siegal
Clinical practice guidelines aim to improve medical care by clarifying and making useful recommendations to providers. Although providers should account for patients' unique characteristics when determining a treatment plan, it is generally perceived as good practice to follow guidelines when applicable. This is of interest in malpractice litigation, where it is essential to establish a standard of care to evaluate the performances of providers. Although the opinions of expert witnesses are used to determine standards of care, guidelines are expected to play a leading role...
May 1, 2017: Otolaryngology—Head and Neck Surgery
https://www.readbyqxmd.com/read/28584209/analysis-of-closed-claims-in-the-clinical-management-of-rheumatoid-arthritis-in-japan
#9
Yasuhiro Otaki, Makiko DaSilva Ishida, Yuichi Saito, Yasuaki Oyama, Giichiro Oiso, Mitsuru Moriyama
BACKGROUND: Despite an increasing awareness of the risk of medical errors, few data sources are available to highlight the characteristics and patterns of medical errors in the clinical management of rheumatoid arthritis (RA). The present study aimed to evaluate medical malpractice claims associated with the management of RA and other autoimmune connective tissue diseases (ACTDs). METHODS: We analyzed 38 ACTD-associated closed claims extracted from a total of 8530 claims processed between July 2004 and June 2014 by the Tokyo headquarters office of Sompo Japan Nipponkoa Incorporated, a leading malpractice insurer in Japan...
June 20, 2017: Chinese Medical Journal
https://www.readbyqxmd.com/read/28552444/lawsuits-after-primary-and-revision-total-hip-arthroplasties-a-malpractice-claims-analysis
#10
Diana C Patterson, Ronald P Grelsamer, Michael J Bronson, Calin S Moucha
BACKGROUND: As the prevalence of total hip arthroplasty (THA) expands, so too will complications and patient dissatisfaction. The goal of this study was to identify the common etiologies of malpractice suits and costs of claims after primary and revision THAs. METHODS: Analysis of 115 malpractice claims filed for alleged neglectful primary and revision THA surgeries by orthopedic surgeons insured by a large New York state malpractice carrier between 1983 and 2011...
May 3, 2017: Journal of Arthroplasty
https://www.readbyqxmd.com/read/28550921/dissecting-malpractice-in-pancreaticoduodenectomy-cases
#11
Seema P Anandalwar, Anthony J Scholer, Gigio Ninan, Joseph B Oliver, Derick Christian, Jean Anderson Eloy, Ravi J Chokshi
BACKGROUND: Medical malpractice is a growing concern for physicians in all fields. Surgical fields have some of the highest malpractice premiums and litigation rates. Pancreaticoduodenectomy (PD) has become a popular procedure; however, it is still associated with significant morbidity and mortality. This study is the first to analyze factors involved in litigation regarding PD cases. METHODS: The Westlaw database was searched for jury verdicts and settlements using the terms "medical malpractice" and "pancreaticoduodenectomy"...
May 15, 2017: Journal of Surgical Research
https://www.readbyqxmd.com/read/28549980/trends-in-malpractice-claims-for-obstetric-and-gynecologic-procedures-2005-through-2014
#12
Laura M Glaser, Farah A Alvi, Magdy P Milad
BACKGROUND: Interest in medical malpractice and areas of medicolegal vulnerability for practicing obstetricians and gynecologists has grown substantially, and many providers report changing surgical practice out of fear of litigation. Furthermore, education on medical malpractice and risk management is lacking for obstetrics and gynecology trainees. Recent obstetric and gynecologic malpractice claims data are lacking. We report on recent trends in malpractice claims for obstetrics and gynecology procedures, and compare these trends to those of other medical specialties...
May 23, 2017: American Journal of Obstetrics and Gynecology
https://www.readbyqxmd.com/read/28536766/pediatric-radiology-malpractice-claims-characteristics-and-comparison-to-adult-radiology-claims
#13
REVIEW
Micheál A Breen, Kathy Dwyer, Winnie Yu-Moe, George A Taylor
Medical malpractice is the primary method by which people who believe they have suffered an injury in the course of medical care seek compensation in the United States and Canada. An increasing body of research demonstrates that failure to correctly diagnose is the most common allegation made in malpractice claims against radiologists. Since the 1994 survey by the Society of Chairmen of Radiology in Children's Hospitals (SCORCH), no other published studies have specifically examined the frequency or clinical context of malpractice claims against pediatric radiologists or arising from pediatric imaging interpretation...
June 2017: Pediatric Radiology
https://www.readbyqxmd.com/read/28535025/missad-diagnos-av-h%C3%A3-lseneruptur-vanligast-hos-%C3%A3-ldre-patienter
#14
Thomas Fridén, Tomas Movin, Åke Andrén-Sandberg
We audited forty-six patients with a rupture of the Achilles tendon notified to the Swedish regulatory authority (the Health and Social Care Inspectorate) due to suspicion of malpractice. The patients' history and clinical presentation differed from those with a more classical acute rupture. The diagnostic errors were often found in patients older than 60 years, they were just as common in women as in men and the symptoms often had a subacute start. In most patients, the diagnostic errors were due to an incomplete clinical examination...
May 23, 2017: Läkartidningen
https://www.readbyqxmd.com/read/28506414/unintentional-recurrent-laryngeal-nerve-injuries-following-thyroidectomy-is-it-the-surgeon-who-pays-the-bill
#15
REVIEW
C Gambardella, A Polistena, A Sanguinetti, R Patrone, S Napolitano, D Esposito, D Testa, V Marotta, A Faggiano, P G Calò, N Avenia, G Conzo
BACKGROUND: Thyroidectomy is one of the most common intervention in general surgery and, after the turn of the century, its rate has sharply increased, along with a worldwide increased incidence of differentiated thyroid cancers. Therefore, injuries of the recurrent laryngeal nerve have become one of the most frequent cause of surgical malpractice claims, mostly following surgery for benign pathology. MAIN BODY: Even if the incidence of definitive paralysis is generally lower than 3%, during the last 20 years in Italy, the number of claims for damages has sharply raised...
May 2017: International Journal of Surgery
https://www.readbyqxmd.com/read/28479642/does-medical-malpractice-law-improve-health-care-quality
#16
Michael Frakes, Anupam B Jena
We assess the potential for medical liability forces to deter medical errors and improve health care treatment quality, identifying liability's influence by drawing on variations in the manner by which states formulate the negligence standard facing physicians. Using hospital discharge records from the National Hospital Discharge Survey and clinically-validated quality metrics inspired by the Agency for Health Care Research and Quality, we find evidence suggesting that treatment quality may improve upon reforms that expect physicians to adhere to higher quality clinical standards...
November 2016: Journal of Public Economics
https://www.readbyqxmd.com/read/28476341/missed-acute-appendicitis-on-multidetector-computed-tomography-and-magnetic-resonance-imaging-legal-ramifications-challenges-and-avoidance-strategies
#17
Eitan Sosner, Michael N Patlas, Victoria Chernyak, Abraham H Dachman, Douglas S Katz
The failure to diagnose acute appendicitis (AA) is the third most common medical malpractice allegation related to gastrointestinal disease. There is a paucity of detailed data on this topic; however, publications by Whang et al and by Berlin and Berlin, which analyzed all types of malpractice suits against radiologists, have shown that the incidence of litigation has increased over time in the United States. This is likely true for cases of AA as well. The misinterpretation of cross-sectional imaging in patients with suspected appendicitis may be caused by suboptimal technique, errors of omission, i...
March 18, 2017: Current Problems in Diagnostic Radiology
https://www.readbyqxmd.com/read/28458290/study-of-safety-evaluation-in-dispensing-of-medicines-analysis-of-relationship-between-dispensing-error-rate-inspecting-error-rate-and-malpractice-rate
#18
Shinji Soeda, Risa Takayanagi, Masayuki Watanabe, Yasuhiko Yamada
 In this study, we established a methodology to calculate the rate of overlooking a dispensing error (inspecting error rate) as a new index for the purpose of determining dispensing error and malpractice rates. Using data obtained from analyses of these error rates at our and two other hospitals, an inspecting error rate was calculated for each institution. Our results showed that inspecting errors occurred at a frequency 3-5 times greater as compared to dispensing errors at each of the examined hospitals...
2017: Yakugaku Zasshi: Journal of the Pharmaceutical Society of Japan
https://www.readbyqxmd.com/read/28445561/allegations-of-failure-to-obtain-informed-consent-in-spinal-surgery-medical-malpractice-claims
#19
Jennifer Grauberger, Panagiotis Kerezoudis, Asad J Choudhry, Mohammed Ali Alvi, Ahmad Nassr, Bradford Currier, Mohamad Bydon
Importance: Predictive factors associated with increased risk of medical malpractice litigation have been identified, including severity of injury, physician sex, and error in diagnosis. However, there is a paucity of literature investigating informed consent in spinal surgery malpractice. Objective: To investigate the failure to obtain informed consent as an allegation in medical malpractice claims for patients undergoing a spinal procedure. Design, Setting, and Participants: In this retrospective cohort study, a national medicolegal database was searched for malpractice claim cases related to spinal surgery for all years available (ie, January 1, 1980, through December 31, 2015)...
June 21, 2017: JAMA Surgery
https://www.readbyqxmd.com/read/28441614/learning-from-an-analysis-of-closed-malpractice-litigation-involving-myocardial-infarction
#20
Kuan-Han Wu, Yung-Lin Yen, Chien-Hung Wu, Chi-Yuan Hwang, Shih-Yu Cheng
OBJECTIVE: To examine the epidemiologic data, identify the pattern of dispute, and determine clinical litigious errors by analyzing closed malpractice claims involving myocardial infarction (MI) in Taiwanese courts. METHODS: A retrospective descriptive study was performed to analyze the verdicts pertaining to MI from the population-based database of the Taiwan judicial system between 2002 and 2013. The results of adjudication, involved specialists, primary dispute leading to lawsuits, and litigious errors were recorded...
May 2017: Journal of Forensic and Legal Medicine
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