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At least 433 records · Page 24Linked to original sources

Medical malpractice claims and quality improvement program as viewed by a forensic pathologist.

This is a review article dealing with the half-century evolution of the quality assurance program to improve patient care in the United States. The author attempted to point out some differences in approach to solving the medical error and medical malpractice problems between Japan and the U.S. In the 1970s, an increase in the medical malpractice claims resulted in such high premiums for medical liability insurance that it threatened the healthcare system in the U.S. Urgent legislative remedy, the Medical Injury Compensation Reform Act (MICRA) was put into place in the State of California. This act was the beginning of the definitive quality improvement in our health care system. It was followed by other improvement programs, such as the National Practitioner Data Bank (NPDB) for tracking physicians with malpractice judgments or settlements against them, or who have problems with the medical licensing Board or other impairments. By comparison, in recent years, in Japan, there has been a rash of medical malpractice claims, similar to the situation in the U.S. in the 1970's. The two pronged approach to maintaining and assuring quality health care are: (1) Set standards by inspection and accreditation of hospitals and healthcare facilities and (2) by credentialing and peer review program to assure the competency of the physicians and other healthcare personnel. Clinical medicine has made a major effort in setting up a quality assurance program and so has forensic medicine. Similar approaches have been used in both programs. The current emphasis in forensic medicine is on inspection and accreditation of the medical examiner and coroner's offices by the National Association of Medical Examiners (NAME) and re-certification for the medical license and specialty board and credentialing and peer review activities.

California↗

Scared silent: the clash between malpractice lawsuits & expert testimony.

As the Bush administration pushes Congress to place a $250,000 cap on pain and suffering awards in medical malpractice lawsuits, other moves quietly afoot by state medical boards, state medical associations, and specialty societies may reduce liability insurance premiums by limiting the number of suits.

Deception↗

[Forensic problems in bovine obstetrics and gynecology].

In the published statistical reports of liability insurance companies for veterinarians a high percentage of damage claims falls into the field of obstetrics and gynaecology, particularly in the bovine species. Veterinarians are held responsible for the consequences of insufficient clinical examinations of female animals or, after a correct diagnosis, initiation of therapeutic measures that ar not indicated. An increasing number of damage claims is due to the fact that the veterinarian has not informed the owner of an animal in advance about the possible medical or economic risks of a particular treatment. From the expert opinions requested of our clinic by insurance companies and law courts, it can be concluded that in veterinary obstetrics, lesions and damages occurring during vaginal deliveries are still the most frequent cause of compensation claims. Veterinarians are blamed for the use of too much traction force (number of persons assisting in an extraction, use of mechanical calf-pullers) and for incorrect procedures during the manual or instrumental correction of postural or positional abnormalities or a uterine torsion. Also, in case of complications after obstetrical surgery owners suspect failure of the veterinarian. Many losses in the puerperal period are due to the fact that the clinical examination after an obstetrical intervention has not been performed with the necessary accuracy or has been completely omitted. Compensation claims after gynaecological procedures are mostly based on a falsely positive or negative pregnancy diagnosis and complications after surgery involving the ovaries.(ABSTRACT TRUNCATED AT 250 WORDS)

Animals↗

Legal. Legal experiments.

As congress debates med-mal fixes, states are once again proving to be laboratories for reform. Legislators and providers are looking for innovative ways to curb the rising costs of liability insurance.

Compensation and Redress↗

Professional liability and obstetrical health care delivery.

Nurse-midwives are finding liability insurance either prohibitively expensive or simply unavailable--despite the fact that, in contrast to obstetricians, they are rarely sued. As a consequence, maternal health services for rural and poor women are rapidly disappearing.

Female↗

Don't be penny wise and policy foolish.

Because there appears to be substantial growth among the competition in the Missouri physician professional liability insurance market, physicians need to be fully informed when considering all of the factors that go into selecting a malpractice carrier. The author addresses some of these factors here.

Costs and Cost Analysis↗

Posttraumatic stress disorder in tort actions: forensic minefield.

The authors discuss posttraumatic stress disorder (PTSD) as a basis for personal injury litigation. Three case examples raise issues related to: (1) the controversy surrounding expansion of tort liability, (2) the courtroom use of psychiatric nomenclature as represented in the DSM (e.g., PTSD), and (3) ethical concerns regarding psychiatric expert witnesses. Psychiatrists became easy targets when problems related to personal injury "stress" cases developed. A careful analysis, however, demonstrates that the issues are complex and multifaceted. For example, tort liability expansion was primarily instituted to compel a greater provision of liability insurance, not to reward stress claims. The increasing use of psychiatry's DSM in the courtroom has occurred despite explicit precautions against forensic application. Finally, the need for psychiatric expert witnesses has increased because courts have gradually usurped some psychiatric clinical prerogatives and because there has been a trend toward greater consideration of emotional pain and suffering. Although psychiatric expert witnesses have not been beyond reproach, critics have attempted to impeach the entire psychiatric profession for the questionable actions of the minority. The authors provide a detailed analysis of current problems, offer suggestions for improvement, and provide an educational counterpoint to the "hysterical invective" that often greets psychiatric testimony.

Accidents, Traffic↗

Psychiatric malpractice: ten years' loss experience.

The American Psychiatric Association authorized a study of cases closed before 1984 in its professional liability insurance programme. However, efforts to control the cost of medical malpractice insurance have failed. Psychiatrists may derive some comfort in knowing that their specialty continues to enjoy favourable rating compared with other forms of practice.

Costs and Cost Analysis↗

Obstetrical practices of members of the Kansas Academy of Family Physicians.

Data reported from this survey of the members of the Kansas Academy of Family Physicians indicate that members performing obstetrics are paying significantly higher professional liability premiums than members not providing such services. This difference, as well as the overall escalating costs of professional liability insurance, can be expected to result in loss of family physician-provided obstetrical services. As family physicians are providing the only readily available obstetrical services in a substantial number of rural areas, it seems likely that rural areas will experience a significant loss of access to obstetrical care. Although delivery fees have risen, they have not risen at the same rate as premiums. A net loss of family physicians providing obstetrical services has been noted during the period of 1985-88, and such losses appear to be an accelerating future trend.

Academies and Institutes↗

Variations in hospital malpractice costs, 1983-1985.

The rapid increase in the costs of hospital liability in recent years has focused attention on the present and future ability of hospitals to offer complex, high-risk procedures. In this study of the costs of malpractice coverage and their rates of increase between 1983 and 1985, we found that the rapid increases in the costs of liability insurance are largely accounted for by the fact that hospitals are purchasing more coverage. Their costs per dollar coverage remained constant over the two-year period. Although malpractice cost differences are narrowing among the nine U.S. census regions, our analyses suggest that there will be significant inequities in what Medicare allows in its prospective payment formula for malpractice insurance costs.

Costs and Cost Analysis↗

Relative cost differences among physicians' specialty practices.

Practice costs, defined as those costs of medical practice that exclude the physician's own time and effort, represent a substantial portion of the resources necessary to perform a service. In this article we describe the development of the practice cost index used in constructing the Resource-Based Relative Value Scale (RBRVS). We derived the practice cost index value for each specialty, using specialty-specific practice costs and gross revenue data. The index values for all other specialties are standardized to the value for general surgery, and these are used to adjust the resource-based relative values for services performed by each specialty; in this way, the RBRVS incorporates practice cost variations. The data used in the construction of the practice cost index are the 1983 Physician Practice Cost and Income Survey data, adjusted to reflect the relative levels of 1986 professional liability insurance. Our findings show that among most specialties, the range of relative difference in practice costs as a percentage of gross revenue is approximately 15%. Four specialties fall outside this range: pathology, psychiatry, rheumatology, and orthopedic surgery. We discuss problems with the available data on practice costs as these relate to their use in the RBRVS and conceptual issues in applying practice costs to the construction of the RBRVS.

Costs and Cost Analysis↗

Contingent fees in medical malpractice litigation - a qualitative assessment.

The medical profession has experienced high liability insurance premiums accompanied by widespread use of contingent fees in medical malpractice litigation. It is worthwhile, therefore, to assess qualitatively the merits of contingent fees, the evidence suggesting that they are associated with unjustified litigation and their implications for the medical and legal professions.

Fees and Charges↗

Psychiatric malpractice: the low frequency risks.

This article updates a long-term study of psychiatric malpractice. The American Psychiatric Association professional liability insurance programme has insured an average of 10,000 psychiatrists each year since 1984. Two thousand malpractice insurance cases have been entered into a purpose configured relational database to permit analysis of clinical, demographic and economic variables. The results to date are reported and specific low frequency risks identified. Their significance for governmental and private sector mental health professionals is discussed.

Databases, Factual↗

Attitudes of Florida family practice residents concerning obstetrics.

BACKGROUND: The cost of liability insurance for obstetrical care and the fear of eventual litigation are reasons commonly cited by family physicians for not delivering babies. METHODS: Separate surveys were mailed to residency directors and third-year residents in Florida family practice residency programs to determine the attitude and practice plans of recently trained family physicians in regard to obstetrics. RESULTS: Three hundred twenty residents completed civilian family practice residency programs in Florida from 1986 through 1990. Only nine (2.8%) delivered babies the first year after residency. The major reasons that third-year residents gave for not planning to deliver babies included fear of being sued and the cost of malpractice insurance. Residents' estimates of first-year insurance costs were 350% higher than actual premiums. Furthermore, residents believed that the risk of being sued for the obstetrics portion of their practice would exceed the risk for the nonobstetric portion. CONCLUSIONS: Residents' estimates of the cost of malpractice insurance and their malpractice risk for delivering babies appear to be greatly exaggerated. These views are primarily obtained from nonresidency sources.

Attitude of Health Personnel↗

[Medical care as physical injury from the viewpoint of the surgeon].

The current criminal law regarding medical malpractice is based on the over 100 years old principle of personal injury, as defined in Section 223 of the criminal code. Attempts to revise this legislation have failed repeatedly in the past. The surgeon's duty of disclosure has gained pivotal importance, often being a handicap for differential surgical treatment. The lack of a specific criminal law regarding medical malpractice in combination with the theoretical construct of a surgical intervention as an authorized personal injury is disadvantageous for both patient and surgeon, since the surgeon is led to deny malpractice and therefore compensation by the liability insurance is not guaranteed. The threat with criminal penal for the surgeon which acted wrong but not gross negligent should be diminished by a definition of a specific criminal law on medical and surgical malpractice.

Germany↗

Malpractice insurance options: claims-made vs. occurrence coverage.

Professional liability insurance is not the trivial matter it was once. Premium costs are significant, the threat of malpractice litigation is tangible, sources of coverage are diverse, and there has been a proliferation of insurance carriers of different genres. Such changes have elevated the choice of malpractice insurance policy to the status of a major decision about which practitioners must be well informed. Differences between claims-made and occurrence coverage are clarified, and the advantages and disadvantages of each type of coverage are canvassed. The benefits of insuring with a commercial carrier versus a physician-owned company are also discussed in the light of trends in the structure of the liability insurance industry.

Insurance, Liability↗