Search PubMed⌕ Search

SEARCH · Search PubMed

Results for “Medical Liability”

Search indexed PubMed citations on genomics, clinical trials, systematic reviews and public health. Explore titles, authors and supplied subject terms, then open the PubMed record.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

At least 55 records · Page 3Linked to original sources
PubMed1990

The medical liability crisis: the New York experience.

The past 15 years have not been easy for the doctors who manage Medical Liability Mutual. There have been many frustrations and setbacks, and at times the predictors of doom for MLMIC seemed to be correct. Despite all the difficulties, the board of directors has never deviated from its original basic principles: (1) to attempt to settle meritorious claims rapidly and to resist totally those claims without merit; (2) to invest funds with caution and prudence, while achieving the best possible return on that investment; (3) to reduce medical injury and enhance patient safety; and (4) to make every effort to change a system that does not serve the public and threatens our health care system. The next five years may well be even more hectic than the past 15 have been. We do not know the reasons for the recent apparent improvement, and the situation may well deteriorate again. It is to be hoped that major changes that will benefit the public as a whole will occur, and that in the future the concerns of professional liability will not consume as much of our time and resources as they do at present.

General Surgery↗
PubMed1975

[Principles of the burden of proof in medical liability proceedings (author's transl)].

The application of different ways of thinking - that is to say the juridical, human scientific evaluating and the medical, natural scientific establishing - next to each other can direct to difficultics and divergencies in the reply of expert questions in medical liability proceedings, although each way of thinking attains to correct and practicable results. Relative to the medical expert this presums on the one hand a distinct degree of juridical mentality and necessitates on the other hand a medical mind and scrutiny of the factual situation coordinated to the juridical train of thoughts and terms. A particular importance is due herein to the knowledge of the principles and directions of the burden of proof within the rules of criminal and civil procedure. Starting from the legal handling the forms observing are explained in detail and illustrated by means of competent laws and court findings. Therewith an estimation of the medical state of affairs should be rendered possible for the medical expert adequate coordinated to the juridical terms.

Expert Testimony↗
PubMed1994

Medical liability claims and lawsuits filed against the University of Texas System involving adult psychiatric patients.

A survey was conducted to investigate medical liability claims filed against the University of Texas System (the U.T. System), physicians, and/or institutions concerning care of adult psychiatric patients. There were 34 such claims filed between 1978 and 1991 that had closed by December 1991. In many of these cases, medical record documentation was determined to be inadequate. Of the 34 claims filed, only seven were settled on behalf of U.T. personnel or U.T. institutions. Of these seven settlements, the mean monetary amount paid per case on behalf of U.T. System and non-U.T. System parties was $98,678.57. The two categories with the largest number of claims were 1) cases involving suicides, and 2) cases involving adverse reactions to medication. The largest award was $350,000, paid on behalf of U.T. physicians, a private physician, and non-U.T. institutions for alleged negligent failure to diagnose Cushing's disease. Of this amount, only $150,000 was paid on behalf of U.T. physicians. Risk management strategies should be implemented to address areas of liability in psychiatry residency programs.

Adult↗
PubMed1995

No-fault medical liability in Virginia and Florida. A preliminary evaluation.

State governments are experimenting with a variety of innovative approaches to the current tort system for medical malpractice liability. One such approach is to apply the concept of no-fault liability to medical practice. States such as Virginia and Florida have already adopted a limited version of such a concept. This article examines the problems of the current tort system, different types of no-fault medical insurance alternatives and their advantages, and the experiences of the states of Virginia and Florida with their limited no-fault malpractice insurance systems. The author concludes that the concept of no-fault compensation for medical malpractice is a promising remedy. However, it is a medicine that will require more testing before it can be pronounced a cure for the disease that plagues the current system.

Birth Injuries↗
PubMed1994

The implications of practice guidelines for physician medical malpractice liability.

Medical practice guidelines are increasingly coming into use, and as more and more physicians are presented with guidelines to follow in the delivery of health care, the question arises of whether these guidelines will become instruments for imposing greater medical malpractice liability on physicians. This column will briefly describe what guidelines are, how they are developed, and how they have been and may be used in litigation against physicians, hospitals, and other health care institutions. As hospitals and managed care organizations continue to implement guidelines, the role these guidelines play in malpractice cases can be expected to increase. It appears, however, that, although guidelines will contribute to the establishment of the standard of care by which a physician's actions will be measured, they are not likely to become the standard that all physician treatment decisions must meet.

Hospitals↗
PubMed1996

Tort reform, round 2. TMA lobbyists examining likely medical liability issues for 1997.

Texas physicians won one of their biggest victories ever in the battle over tort reform in 1995. At the urging of the Texas Medical Association and other groups, lawmakers enacted legislation requiring plaintiffs in medical liability cases to post cost bonds and expert reports showing their cases have merit. Rules for expert witnesses were tightened. And, physicians and other defendants were given some relief from joint and several liability, which often leaves defendants who were only marginally at fault facing multimillion-dollar judgments because they have "deep pockets."

Insurance Carriers↗
PubMed2005

Healthcare's talking points. Healthcare associations are ready to press their case in Washington with medical liability, specialty hospitals, Medicaid leading the pack.

As the 109th Congress settles in, the time has come for lobbying to start again. And healthcare trade groups know what issues they're concerned about: Medical liability, Medicaid and specialty hospitals top their agendas. AHA Chairman George Lynn, left, railed against specialty hospitals at a news conference earlier this month, calling them "limited service" facilities.

American Hospital Association↗
PubMed1997

Medical liability risk avoidance: a case for adopting the International Normalized Ratio (INR) system.

Since bleeding is a common adverse effect associated with the oral anticoagulant warfarin, maximizing the therapeutic potential of this drug requires close laboratory monitoring. The International Normalized Ratio (INR) is a system that has been developed to improve and standardize the assessment of the intensity of oral anticoagulation therapy. Clinical information and medicolegal arguments supporting the adoption of this system are reviewed. The potential for improvement in patient outcomes and minimization of medical liability favors the adoption of the INR system.

Anticoagulants↗
PubMed2006

Impact of cost containment measures on medical liability.

RATIONALE: Owing to the growing health care expenditure and the need to improve efficiency, public authorities have since the 1980s changed their policy with respect to health care. Financial pressures encouraged them to investigate methods to control health care costs. One recent method is the enactment of cost containment measures based on clinical practice guidelines (CPGs) that provide financial or administrative sanctions. AIMS AND OBJECTIVES: This article describes the legal value of CPGs, the evolution towards cost containment measures based on CPGs, and finally the legal value of these new cost containment measures. It questions whether these measures may have an impact on the medical liability rules and it wants to open the debate on the legal value of these measures based vis-à-vis the professional autonomy of the physician and patients' rights on quality care. METHODS: The research for this article is based on a comparative analysis of the legal literature and jurisprudence of a number of legal systems. RESULTS AND CONCLUSIONS: The article concludes that, as a result of the rising costs, it becomes increasingly difficult for a physician to balance his duty to take care on the one hand and his duty to control costs on the other. Maintaining a high standard of care towards patients becomes difficult. Consequently, one wonders whether the law should then allow the standard of care to be adjusted according to the available means. Until now, courts in a fault based system have not been willing to accept such an adjustment of the standard of care, but it might well be possible that this attitude will change in case of no-fault compensation systems.

Belgium↗
PubMed1991

Can managed care reduce employers' retiree medical liability?

The Financial Accounting Standards Board (FASB) has forced U.S. companies to look squarely at their current retiree health obligations and their future commitments. Accounting Statement No. 106 (FAS 106) requires employers to accrue liabilities for retiree health benefits during employees' active service, rather than record the costs as benefits are paid. Employers are scrambling to find ways to reduce the statement's effect on corporate balance sheets. While managed health care has been increasingly employed to control benefit costs in active employee health plans, it has not been as popular in retiree plans. This article reviews important demographic and health trends in the retiree population and summarizes employers' early responses to FAS 106. It explores why managed health care has thus far played a limited role in reducing employers' postretirement medical liability, and offers insight into how that role could be increased in the future.

Accounting↗
PubMed1996

Liability and managed care. American Academy of Pediatrics, Committee on Medical Liability.

This statement is intended to inform practitioners of the liability issues arising from managed care arrangements. Although it is not possible for pediatricians to completely insulate themselves from all liability in these areas, this statement offers a number of strategies to decrease the chances of being successfully sued. However, because case law within this realm is constantly evolving in each state, these serve only as guidelines and are subject to both local and emerging developments.

Liability, Legal↗