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Results for “Medical Liability”

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PubMed2001

Evaluation of a residency program's experience with a one-week emergency medicine resident rotation at a medical liability insurance company.

INTRODUCTION: The authors' residency program implemented a one-week rotation at the office of a medical liability insurance company. Residents examined 30 closed malpractice claims cases and sat in on settlement discussions. OBJECTIVE: To review the residents' evaluations of their experiences and to determine whether this was a worthwhile addition to the emergency medicine (EM) residency curriculum. METHODS: This was a five-year retrospective study that reviewed residents' annual evaluations from 1994 to 1999 regarding the medical liability rotation. A five-point scale was used to score specific categories in the rotation and an open-ended section was used to collect general comments. RESULTS: A total of 179 resident evaluations were reviewed. The quality of teaching ranked in the 80th percentile, the clinical caseload ranked in the 85th percentile, and level of responsibility ranked in the 79th percentile for all EM rotations. Specific comments included "All MDs should do this in their training"; "Quite an eye opener"; and "Good exposure to legal aspects of EM." CONCLUSIONS: Overall, EM residents found the one-week rotation to be invaluable and a good learning experience. This rotation ranked above average when compared with all of our other EM residency rotations.

Attitude of Health Personnel↗
PubMed1980

[The faulty expert's opinion in medical liability process (author's transl)].

The expert's opinion in medical liability process differs from other medical certificates by the particularity, that the facts of a case of the injury becomes object of the examination and enlightment by the medical expert. This supposes a medical scientific correct reply of the questions of the court of the justice, which must be verifiable with the way of thinking conventional in the jurisdiction and which has to adjust to these trains of thought. Proceeding on a revision of the expert opinions collected in the liability evidence archiv of the German Society of Oto-Rhino-Laryngology, Head and Neck Surgery a series of continual recurrent mistakes is pointed out, which could cause a defective expert opinion and thereby possibly a wrong judical decision.

Expert Testimony↗
PubMed2006

[Harmonisation of personal injury compensation in the European Union. Application to medical liability case law].

Harmonisation of personal injury compensation in the European Union (EU) is crucial. Continuing on from the work begun by the European Federation of Medical Academies, a working party of the XVth Committee of the French National Academy of Medicine has sought to go beyond the restrictive framework of automobile accident compensation in order to address more universal concerns, regardless of the causes and effects of bodily injury. The specific situation of injuries resulting from medical acts was considered, both for its medicolegal complexity and its potential human consequences. After recalling relevant European legislation, the authors consider the different philosophies of medical liability and health care systems in Europe. Methodological convergence is required to achieve harmonisation of personal injury compensation regimes, and especially for the classification of different types of bodily injury, the role of social services, and the establishment of a reference for medical evaluation of injury with built-in compensation levels. The doctrines and concepts of all EU member states (civil law, common law, Nordic medical liability regimes, etc.) are discussed, together with means of facilitating their harmonisation.

Compensation and Redress↗
PubMed1997

Medical liability, safety and confidentiality in maritime telemedicine--the MERMAID position on issues of importance.

Telemedicine dates to the days of "wireless telegraphy". As an "extraordinary" arrangement for medical services delivered at time of need, telemedicine has thus far escaped the developments that have taken place over the last 50 years in the areas of medical liability, safety and confidentiality. Today, however, telemedicine is also used to increase quality and cost effectiveness of healthcare provision. This trend is set by the U.S. where the U.S. federal government funds telemedicine at an annual rate of more than $100 million i.e., at a rate 30 times or more than what the EU does while state and local agency support and private business investment in telemedicine is 3 to 4 times larger than that of the U.S. federal government. In this respect it must be stressed that technology tends to satisfy the relevant demand for telecommunications. Telemedicine is used in diverse areas such as pathology, surgery, physical therapy, and psychiatry. It is expected to revolutionise health care in the coming decade and, therefore, it will certainly take into account requirements for medical liability, safety and confidentiality in the same way as traditional "establishment" medicine does.

Confidentiality↗
PubMed2006

[Medical liability: moving forward].

Scientific progress has modified the meaning of medical liability: Total recovery is considered the standard result, and side effects or harm are considered to be malpractice. When medical experts find no errors, liability may be based on legal technicalities despite the absence of any ethically wrong behavior. The increase in lawsuits may well lead to the practice of defensive medicine, despite the negative effects for patients of this approach. The substantial improvements in public health are due to ever better drugs, diagnostic methods, and treatments, but this increasing effectiveness is associated with an increased risk of side effects or unpredictable complications. Indemnification for unforeseeable complications should reduce the number of lawsuits if applied generally and separated from the concept of liability. Civil and criminal procedures would remain available for cases of real malpractice.

Humans↗
PubMed2005

Medical liability, risk management, and the quality of health care.

The medical malpractice situation in many countries is reaching epidemic proportions. This paper examines the concepts of medical liability and professional risk management, as well as the relationship they play in determining the quality of healthcare services. The role of documentation and accurate record keeping is also stressed. High-risk clinical situations and medication errors are also addressed.

Documentation↗
PubMedDate not supplied

[Undesirable treatment results from the viewpoint of an expert witness on medical liability problems--an analysis of 142 cases].

Causes of proven medical misconduct were analyzed on the basis of 142 expert testimonies prepared for an advisory committee on medical liability. The principal causes of misconduct identified were: 1. an incorrect indication for surgery; 2. Unsatisfactory surgical technique; 3. Inadequate preoperative patient enlightenment. In many of the cases in which an incorrect indication for therapy or a technical error could not be proved, the patients or their lawyers attempted to assert their claims by declaring that they had been insufficiently informed. The majority of the claims for recourse concerned: a) problems associated with implantation of total hip replacements; b) sequelae of revisional osteotomies of the lower extremity; c) infiltration therapy with a topical anesthetic; d) sequelae of lumbar disc surgery. These four therapeutic categories accounted for almost two-thirds of all proven errors of therapy and in informing patients. A total of 16.26% of the claims were resolved in the plaintiff's favor. Several examples are presented to illustrate the problem of incorrect indication and unsatisfactory surgical technique as a cause of proven therapeutic error.

Adult↗
PubMedDate not supplied

The medical liability crisis of 2003: must we squander the chance to put patients first?

Medical liability reform should be aligned with a patient-centered, systems-based approach to preventing injury. Lessons learned about medical risk are now buried by the legal system, and communication about risk is haphazard among health care providers and across the interfaces of our legal, regulatory, and health care systems. Tort reform can be a vehicle for breaking down systemic barriers. Proposed reforms include (1) requiring disclosure of medical errors and restricting the use of information disclosed as evidence of guilt; (2) outlawing confidentiality agreements when malpractice cases are settled; (3) abolishing the National Practitioner Data Bank; and (4) establishing a national patient safety authority.

Disclosure↗
PubMed1993

[Medical liability lawsuits according to specialties in Chile].

One-hundred forty-five cases of medical liability lawsuits originating in Chile from January 1987 to June 1991 and studied at the Medico Legal Service, were reviewed. A persistent increase in the number of accusations is observed in these five years. The principal medical specialties involved are Obstetrics and Gynecology (32%), General Surgery (18%), Internal Medicine (15%) and Pediatrics (9%). Seventy seven percent of implicated physicians were accredited specialists. Fifty percent of cases originated from Santiago and 60% from public hospitals. Eighty three percent of analyzed medical records were complete and in 70% the number of laboratory tests requested was adequate. The most frequent conditions that motivated lawsuits were acute fetal distress and puerperal sepsis in Obstetrics and Gynecology, acute abdomen and intra-operatory cardiac arrests in Surgery and sepsis in Internal Medicine. The risk of an unfavorable consequence that may lead to a lawsuit is present in every clinical condition, even in seemingly simple situations.

Adolescent↗
PubMed1994

[Lawsuits in medical liability. Why? Against whom?].

The author, a Surgical Expert at the french Supreme Court, gives his opinion about medical liability in malpractice action. He studies successively: the main causes of these actions: lack of information, poor results, loss of confidence on the part of the patients, comments from other doctors; malpractice liability needs a relation between the surgical act and the damage; French law concerning State owned Hospitals; future projects concerning compensation without liability. The various channels which can be used in malpractice trials are successively examined and also the surgeons attitude in relation to his lawsuit.

Clinical Protocols↗
PubMed2005

[Medical liability. Comparative compensation for personal injury in Europe].

European institutions apply a number of common principles to medical liability and compensation. The Scandinavian patient insurance system, based on listed criteria, is independent from the notion of "fault", unlike in the rest of Europe. However, since March 2002, French law has also allowed for compensation of major medical accidents, regardless of the notion of fault. On the eve of harmonization, two statutory bases must be created. The first is a common European list of recoverable medical damages. Yvonne Lambert-Faivre's recent work offers a convenient guide in this respect. The second--pecuniary quantum of damages--should be founded on Courts of Appeal rulings on personal medical injury. Common trends can be identified in nearly all European countries. Despite the subsidiarity principle, a common road towards harmonizing medical accident compensation systems can be found.

Compensation and Redress↗
PubMed1981

[The burden's allotment of assertion, of argumentation and of proof in the medical liability process (author's transl)].

The actual principles of the burden's allotment of assertion, of argumentation and of proof in medical liability process are particularized as they are handled at present by the Western Germany jurisdiction. The importance of conscientious medical records is emphasized within this complex of questions. A further modification of the legal conception can not be excluded.

Germany, West↗