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Ethical and malpractice issues in hospital practice.

Ethical and malpractice issues arising in hospital practice are reviewed. Topics include (a) preparation and authorization to carry out clinical responsibilities, (b) personnel procedures, (c) financial and political forces influencing hospital policies, (d) billing procedures, (e) clinical procedures for responding to patients' needs, (f) confidentiality, (g) discrimination, (h) internship and training issues, (i) sexual abuse of patients, and (j) staff conflicts influencing patient care.

Ethics, Medical↗

Will accident reports filed in hospitals in Japan be used in the future as evidence in malpractice lawsuits?

A major drawback of submission of so-called incident reports for medical institutions is that such reports may be able to be obtained on request by patients and to be used as evidence in malpractice lawsuits. In Japan, there are no established rules concerning the use of accident reports in medical lawsuits. More debate is needed for voluntary report systems to become established in medical institutions throughout Japan.

Disclosure↗

[Medical malpractice in surgery II: Ways of risk management].

The aims of risk management concerning medical malpractice are (1) the quick, correct and fair assessment of assumed medical failures, (2) to prevent the expansion of medical complications after an assumed medical failure and (3) the identification of patterns of risks. The latter has to be done locally and national-wide; it has to be done focussed to the respective medical subject and in a general matter as well.

Expert Testimony↗

Investigation of obstetric malpractice closed claims: profile of event.

The files of 220 obstetric closed-claim cases were reviewed by five obstetricians to determine whether information could be collected an analyzed to identify common predisposing factors to claims and to suggest preventative measures. The data suggests these cases contain common easily identified obstetric risk factors, most of which occurred in labor and delivery (66%). Fifty-four percent of the risks were recognized, 32% correctly managed, and a high percentage of risks were considered by the reviewers to be directly related to the obstetric outcome leading to the claim (66%). The authors feel obstetric closed claims can be studied and suggestions made to aid obstetricians in providing care. Identification of common obstetric risks and correct management of these risks is poor in these cases. Recognition and management guidelines are imperative in ensuring good obstetric outcome. These two physician-controlled factors played important parts in the majority of cases reviewed. It would appear from this study that obstetric malpractice closed claims are amenable to study; physicians and their patients would benefit from better data collection systems to identify risks in individual pregnancies; physicians need readily available resources to aid their management of patients; only through modification of physician behavior can suits be avoided.

Delivery, Obstetric↗

Medical malpractice.

Medical liability insurance is in a state of emergency brough on by escalating premiums or withdrawal of insurance companies from the market. Solutions, supported by legislation, must be sought for the sake of both patient and physician. As a temporary method of correction joint underwriting associations appear to be the most practical suggestion. Long-range changes should include the establishment of powerful malpractice arbitration boards whose conclusions and evidence would be submitted in case of further appeal, the delegation of more power to the medical profession to enforce standards, shortening of the period specified in the statutes of limitation, limitations on contingency fees, and elimination of the applicability of such legal doctrines as ad damnum clauses and res ipsa loquitur.

Economics, Medical↗

Malpractice claims for permanent nerve injuries related to third molar removals.

On the basis of the register of the Finnish Patient Insurance Association, the aim of this study was to examine malpractice claims for nerve injuries associated with third molar removals and determine whether they are concentrated among specialists, among less experienced dentists, or in certain geographic areas. During 1987-93 there were 139 claims for permanent sensory or motor disturbances related to removal of lower third molars in Finland. The lingual nerve was injured in 54% and the inferior alveolar nerve in 41% of the claims. In 91% of the cases the injury occurred in relation to surgical removal of the tooth and in 6% in relation to simple extraction. The claims were distributed among 123 dentists, of whom 78% were dental surgeons, 15% specialists in oral and maxillofacial surgery, and 7% other specialists. These figures represented 2% of the dental surgeons and 26% of the oral surgeons in Finland (P< 0.01). More than half the claims were associated with dentists with less than 10 years' experience. Claims originated more often from the eastern and northern (rural) areas of Finland than from urban areas (3.8 claims versus 2.4 claims per 100,000 inhabitants, P < 0.05). Compensation was paid to the patients in two-thirds of the cases, indicating that the dentists authorized to decide claims very often considered these injuries avoidable. Therefore, proper diagnosis, treatment planning, surgical techniques, and detailed patient information must be emphasized. In cases where risks are obvious, referral to an oral surgeon is recommended.

Adolescent↗

Malpractice.

The problem of malpractice suits and patient complaints is frequently mentioned in discussions concerning the quality of health care. The present paper reviews the following aspects of this problem: the magnitude of the problem, the categories of cases, insurance and legal aspects, effects on medical practice, institutionalized possibilities for solving conflicts, an answer to the question of why patients complain and sue, and risk management.

Consumer Behavior↗

Malpractice litigation for uninformed consent. Implications for physical therapists.

Although physicians generally are expected to secure their patients' informed consent to medical treatment, an emerging body of legal opinion holds that in certain situations nurses and allied health care professionals may be found similarly responsible. Failure of a health care provider to protect a patient's right of informed consent might result in a lawsuit alleging that serious harm was sustained needlessly because the patient plaintiff was not informed of certain significant risks of or consequences that resulted from treatment. As a professional group that puts patients at risk of harm during treatment, physical therapists need to know about their legal duty to facilitate a patient's awareness of and consent to treatment. This article discusses the nature of that duty and how a patient plaintiff might try to prove negligence against a physical therapist who allegedly fails to secure a valid statement of informed consent. The article also provides recommendations so that physical therapists might protect themselves from malpractice suits alleging "uninformed" consent.

Humans↗

Breast cancer--biology and malpractice.

Cure of breast cancer, strictly defined, is the elimination of hazard for death due to breast cancer. Five-year survival is often incorrectly equated with cure. A review of the literature reveals (a) the relative survival for breast cancer maintains a negative slope for up to 30+ years, a sign of incurability; (b) no more than 20% of women diagnosed with breast cancer survive their disease and die of other causes (personal cures). The incidence of breast cancer has been rising for over 50 years; a rise in breast cancer mortality is possibly beginning. Modest evidence for cure of breast cancer is largely based on the results of the Health Insurance Plan study. Important methodologic problems of the study warrant cautions interpretation. When treatment expectations are maintained at a high level and there is no improvement and perhaps a worsening of mortality, the stage is set for a distressingly large volume of medical malpractice actions.

Aged↗

Postoperative death and malpractice suits: is autopsy useful?

This report demonstrates the extremely high yield of autopsies performed in the case of postoperative death with suspicion of malpractice. They frequently identified undetected complications. They could also suggest faulty or negligent practice that would otherwise go unrecognized. This report supports the widespread use of autopsies to investigate perioperative death.

Adult↗

A comparison of obstetric and nonobstetric anesthesia malpractice claims.

Malpractice claims filed against anesthesiologists for care involving obstetric (OB) anesthesia (n = 190) were taken from the American Society of Anesthesiologists' Closed Claims Database and compared to claims not involving OB cases (n = 1351). The most common complications in the OB claims were (percentage of all OB claims): maternal death (22%), newborn brain damage (20%), and headache (12%). In contrast, the most common complications in the nonobstetric (non-OB) group were (percentage of all non-OB claims): death (39%), nerve damage (16%), and brain damage (13%). The group of OB claims contained a proportionately greater number of minor injuries, such as headache, backache, pain during anesthesia, and emotional injury (32%) compared to the non-OB claims (4%). Complications due to aspiration and convulsions were more common among the OB cases. The standard of care was judged to have been met in 46% of OB and 39% of non-OB claims. This difference is not statistically significant. Claims involving general anesthesia were more frequently associated with severe injuries and resulted in higher payments than did claims involving regional anesthesia. Payments were made in a similar proportion of OB and non-OB claims (53 and 59%, respectively). For cases in which payments were made, the median payment for OB claims was significantly greater ($203,000) than for non-OB claims ($85,000; P less than or equal to 0.05).

Adult↗

A comparison of pediatric and adult anesthesia closed malpractice claims.

BACKGROUND: Since 1985, the Committee on Professional Liability of the American Society of Anesthesiologists has evaluated closed anesthesia malpractice claims. This study compared pediatric and adult closed claims with respect to the mechanisms of injury, outcome, the costs, and the role of care judged to be substandard. METHODS: Using a standardized form and method developed for analysis of closed claims, the American Society of Anesthesiologists Closed Claims Data Base was used to compare pediatric with adult anesthesia-related adverse events. RESULTS: Of the 2,400 total claims, 238 (10%) were in the pediatric age group (15 yr of age or younger). The pediatric claims presented a different distribution of damaging events compared with that of adults. In particular, respiratory events were more common among pediatric claims (43% versus 30% in adult claims; P < or = 0.01). The mortality rate was greater in the pediatric claims (50% versus 35% in adult claims; P < or = 0.01), anesthetic care more often was judged less than appropriate (54% versus 44% in adult claims; P < or = 0.01), the complications more frequently were thought to be preventable with better monitoring (45% versus 30% in adult claims; P < or = 0.01), and the distribution of payments to the plaintiff was different (median payment, $111,234 versus $90,000 in adult claims; P < or = 0.05). Many of the differences between pediatric and adult claims were explained by a higher prevalence of patient injury caused by inadequate ventilation in the pediatric claims (20% versus 9% in adult claims; P < or = 0.01). In pediatric compared with adult inadequate ventilation claims, poor medical condition and/or obesity (6% versus 41%; P < or = 0.01) were uncommon associated factors. Cyanosis (49%) and/or bradycardia (64%) often preceded cardiac arrest in pediatric claims related to inadequate ventilation, resulting in death (70%) or brain damage (30%) in previously healthy children. Although clinical clues suggested hypoxemia as a common mechanism of injury, the files did not contain enough information to explain the genesis of hypoxemia in these claims. CONCLUSIONS: Comparison of adult and pediatric closed claims revealed a large prevalence of respiratory related damaging events--most frequently related to inadequate ventilation. In the opinion of the reviewers, 89% of the pediatric claims related to inadequate ventilation could have been prevented with pulse oximetry and/or end tidal CO2 measurement. However, pulse oximetry appeared to prevent poor outcome in only one of seven claims in which pulse oximetry was used and could possibly have done so.

Adolescent↗

The anatomy of a malpractice lawsuit.

The rules and laws that govern lawsuits can differ greatly from state to state. This is especially true in the area of medical malpractice. In the last few years there have been a multitude of new laws enacted and an equal amount of legislation is under consideration as of this writing. This article is a general description of the legal process that occurs when an individual health care provide is sued.

Expert Testimony↗

Nursing malpractice: the importance of documentation, or saved by the pen!

Documentation is an elemental to nursing as wound care and vital sign assessment. This article examines the reasons and techniques for accurate and complete documentation in a medical record. Several examples of nursing malpractice involving improper documentation are described. Abbreviations, flow sheets, incident reports, late entries, errors and content are included in the discussion presented.

Humans↗

Lawyer's advice on physician conduct with malpractice cases.

The conduct of the orthopaedic surgeon can directly influence his or her risk of a malpractice lawsuit. Communication and caring for the patient summarize positive conduct. Filing of a lawsuit requires certain procedures and the physician must respond to these correctly. The surgeon must completely educate himself or herself about the case and be prepared by his or her lawyer for the deposition and possible subsequent trial.

Humans↗

Medical malpractice in California: recent trends and future prospects.

For many years, California court decisions and legislation have often presaged national trends. The expected debate over medical malpractice should be no exception. Thus, the court decisions on third party liability and the outcome of the MICRA negotiations are important both for California and as a harbinger of future national trends.

California↗

Malpractice and tardive dyskinesia: a conceptual dilemma.

This discussion focuses on three basic areas relevant to tardive dyskinesia (TD). The first area includes an overview of some specific acts of negligence that have been the basis for successful malpractice cases involving TD. Some of these acts of negligence include inappropriate assessment of the patient, failure to properly care for TD, and failure to obtain a proper informed consent. The second area involves the problems of uncertainty, which are particularly manifested where the only treatment available has a high benefit but a low risk of serious adverse effects. The uncertainty rests on the limited information regarding detection of the serious consequences, or cure, once the full-blown condition develops. The third involves exploring alternatives to the tort system, such as an automatic system of compensation, which might be more appropriate for dealing with an outcome such as TD. Alternative systems might be more effective in combining incentives for quality care with adequate compensation for the injured where the condition might have been avoided.

Antipsychotic Agents↗