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 541 records · Page 30Linked to original sources
PubMed1994

The impact of health care reform on orthopaedic surgery in the United States and Canada.

Health care reform is not unique to the United States but reflects fundamental changes in attitudes to health care worldwide. Orthopaedic surgery must examine its role in the context of the overall health care delivery system, rather than in the narrow focus of our specialty, if we are to grow and continue to improve in the future. This lecture describes the evolution of the Canadian Health Care system and draws parallels to the current American environment from which valuable lessons may be learned. There are 5 reasons why health care costs more in the United States than in all other countries which are independent of the fact that the United States has the highest quality of medical care available in the world. These are excessive administrative costs and manpower; oversupply (and hence underutilization) of expensive technology and services; the "medicalization" of social costs; and the tremendous cost of medical liability and malpractice litigation. There are a number of steps that can be taken to enhance the role of orthopaedic surgery in health care without eliminating choice and impairing innovation, which are the critical elements in a high-quality health care system. The Canadian and American systems will be more similar in the future despite the different paths that we are taking in reform, and I believe we can look to the future with optimism and confidence if appropriate measures are taken to ensure that our contributions are effective and efficient.

Canada↗
PubMed1994

Proposed changes in malpractice law. Are they enough?

Most of the healthcare reform plans recently introduced in Congress propose changes in medical liability law. Will these changes suffice to stem the rising tide of malpractice suits? How will healthcare professionals be affected by the legislation? The authors, a physician and an attorney, address these and other questions as they analyze the malpractice provisions of five plans and offer their own recommendations for reform.

Fees and Charges↗
PubMed1993

Financial implications of malnutrition.

PEM or the possibility of developing PEM occurs in 30% to 50% of hospitalized patients, the frequency determined by the criteria used in its assessment and the case mix of patients in the hospital population. This condition exists independently of other medical conditions and results from preadmission or postadmission failure to meet nutrient requirements with associated loss of body weight and function, as well as impaired immunity. PEM also frequently arises in patients with a chronic condition and decreased functional reserve when a superimposed acute metabolic stress leads to accelerated nutrient depletion. Whether preexisting or not, PEM increases morbidity and mortality along with LOS and may be associated with complications such as pneumonia, sepsis, operative site infection, delayed wound healing, or decubitus ulcers. The cost of these complications and an extended LOS is a significant financial burden and a controllable medical liability for hospitals. Other costs include identifying patients at risk of PEM, providing nutrition support, not to mention treating any of its complications (mechanical, metabolic, and so forth). A proper analysis of the financial implications of late or untreated PEM versus nutrition support must therefore take into account not only the costs of complications or extended LOS due to the delay or failure to provide nutrition support but also the costs associated with this intervention itself. In this review, we described a model for examining the financial implications of malnutrition and nutritional therapy.

Health Care Costs↗
PubMed1996

Prevention should be the preferred insurance program for all physicians.

Recent fee increases announced to the Canadian Medical Protective Association (CMPA) and the Ontario government's plan to stop its CMPA rebate program for the province's physicians have put the spotlight on medical liability insurance. In this examination of the role played by the CMPA, Ottawa lawyer Karen Capen notes that quality service and attention to physician-patient communication will in most cases ensure a litigation-free professional life.

Canada↗
PubMed1996

[Medical expert assessment in civil rights from the legal viewpoint].

This paper gives an overview over the basics and fundamentals of the medical expert assessment during civil action. Beginning with the character of the expert assessment as evidence in a lawsuit, the task distribution between physician and judges is discussed: Physicians are knowledgeable advisors, judges decide and determine direction and subject of the discussion and get the evidence necessary for them. The goal of the medical expert assessment is not treatment but guide the development of a decision about contentious claims. An offense against the evidence "assessment' during a lawsuit sometimes becomes a personal offense against the expert witness himself Regarding his response, he has to take into account that the expert witness as well as the judge may be refused due to bias, and to avoid the impression of prejudice especially in cases of medical liability. The appointed expert is always the expert witness independent of drafts by senior physicians or assistance by residents. Many civil lawsuits might not be decided without the teamwork between judges and physicians.

Civil Rights↗
PubMed1996

[Medical expert assessment and civil and criminal law from the viewpoint of arbitration services and the expert committee].

The procedures of the arbitration committee of north Germany for medical liability claims are discussed. This procedure is set into relation to that at court. Due to the continuously maintained communication between lawyers and physicians, which does not occur in a comparable manner in court, the choice to proceed at a arbitration committee and an expert board is seen as more useful and pertinent than at court. This is specifically explained.

Expert Testimony↗
PubMed1997

Medicolegal program for resident physicians.

Few residents are taught to cope with medical liability and the legal aspects of business and administrative issues in medicine. The need for this practical, postgraduate curriculum led to be a collaborative effort between Dr. Kollas and the State Society to create an educational guidebook and seminar series which offers practical postgraduate medicolegal curriculum to resident physicians across Pennsylvania.

Forensic Medicine↗
PubMed1997

[Guidelines in surgical intensive care medicine].

In a cooperative effort involving each medical society the joint study group of the medical research societies in Germany (AWMF) has established guidelines for the diagnosis and treatment of various diseases. Special guidelines which pertain specifically to operative intensive care medicine do not exist. However, official recommendations have been made for intensive care management in general. These have been released with the support of the German Interdisciplinary Society for Intensive Care and Emergency Medicine (DIVI). Today, 10 such guide lines exist. Also yet the value of those guidelines cannot be assessed. It is beyond doubt that besides being of benefit, they do present some dangers. One must point out that these guide lines are recommendations and not rules upon which medical liability may be based.

Critical Care↗
PubMed1998

Risk management and the claims process.

This article explores certain risk management techniques and the role these techniques play in the investigation and evaluation of claims. The claims experience of one carrier, Medical Liability Mutual Insurance Co., is provided. A general overview of the elements involved in a claims investigation is provided.

Dental Records↗
PubMed1976

[Panel discussion: problems of the specialist's duty to inform the patient (author's transl)].

The obligation of the physician to inform the patient--which he has to prove in case of a suit--is based on the patient's right of self-determination. This self-decision information was subject of the panel discussion. Not discussed in detail were the information concerning diagnosis and prognosis, and the instruction of the patient regarding his conduct postoperatively and during medical treatment. Not considered was the so-called malpractice and negligence respectively. Medical liability suits are increasing for various reasons and are frequently directed at a failure to inform the patient becuase the patient is often unable to prove a negligence of the physician ("surrogate liability"). The dimension of the duty of disclosure (complete information--no information at all) is discussed in general and with special regard to the Ear-Nose- and Throat field. Special questions are answered regarding otoplasty, middle ear surgery, transplantations, extension of laryngeal surgery without prior informed consent, paranasal sinus and rhino-basis operations as well as surgery in minors and foreigners. In cases of non-vital indication and particularly in plastic-cosmetic procedures and outsider methods the requirements for informed consent are particularly important. The so-called rate of complications has perhaps a relative, but never an absolute meaning, and even this only in connection with the other circumstances of an individual case. The evidence of an adequate informed consent which must be included in a physician--patient-dialogue is most convincing by means of a written consent and the additional signature of a witness, perhaps also of the patient. The value, the problems and even the risks of an information based only on forms or brochures is discussed in detail. The panel discussion from the four points of view of the organizers should be no means confuse the otorhinolaryngologist. It should inform him about the medicolegal aspects of his activity and protect him from avoidable burdens.

Community Participation↗
PubMed1998

[Esthetic problems in surgery of the male external genitalia: medico-legal aspects].

The author explains medical meaning of aesthetical function, personal aesthetic compound and a legal meaning of permanent impairment and damage compensation. Scar is the most well-known expression of aesthetical permanent impairment. Italian law privileges face scar, but increased medical liability trials raised the problems of connecting evaluation about skin scars caused by surgical fault. This research work, made in Turin University, introduces fixing method that draw up addition numbers to settle 5 chosen scar parameters: colour, relief, extension, seat, direction (named CRESO in abbreviation).

Body Image↗
PubMed1998

[Interactions between criminal justice and other areas of law from the viewpoint of the civil rights judge].

More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. Due to recent jurisdiction, the patient got the right to examine treatment records without the necessity to specify his reasons. Settlement institutions of the society of physicians of Germany facilitate an examination of a treatment procedure for mistakes without costs. Therefore, there is no more incentive for a charge to achieve compensations. The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician.

Civil Rights↗
PubMed1998

Cardiovascular evaluation of the young athlete.

Young athletes with possible cardiac problems may require medical advice, sports medicine information, and treatment before a clinician can sanction sports participation. In addition, the potential medical liability of cardiac abnormalities makes the preparticipation cardiac evaluation a top priority. The author emphasizes the importance of obtaining a thorough cardiac history and performing a cardiac-specific physical examination, which may include diagnostic tests such as the treadmill and color flow Doppler echocardiography. Common cardiac referral complaints such as chest pain, murmurs, and syncope are also reviewed.

Adolescent↗
PubMed1993

PMSLIC's new coverage for retired physicians: we do all count.

The Pennsylvania Medical Society Liability Insurance Company now offers medical liability insurance coverage for retired member physicians who write prescriptions for themselves or their immediate families. Though the coverage was just approved by the Insurance Department in August of this year, it was in the making for more than 10 years. This is a background.

Insurance, Liability↗
PubMed1985

Liability and liability insurance for medical malpractice.

Physicians typically carry virtually complete malpractice insurance coverage. This contradicts standard theoretical predictions that under a negligence rule of liability there should be no demand for insurance, and insurance policies under moral hazard will contain co-payment provisions. It is argued that judicial 'errors' in defining negligence generate a demand for liability and legal defense insurance. Physician co-payment undermines the insurer's incentives for legal defense and thus induces a trade-off between loss reduction by injury prevention and by legal defense. Fee-for-service reimbursement further distorts the physician's choice between injury prevention and insurance. Implications for the deterrent function of the tort system are discussed.

Actuarial Analysis↗