Selected topics in malpractice reduction in bariatric and other surgery.
On the basis of an extensive legal experience, the sound strategies that prevent or reduce malpractice litigation in bariatric or other surgery are presented.
Adult↗
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Results for “MALPRACTICE”
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.
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Malpractice claims during 1988-1992: a national survey of dentists.
Between 1988 and 1992, almost a quarter of surveyed dentists reported at least one patient complaint to malpractice insurance carriers. The incidence of claims more than doubled in that time and payment size increased nearly five times between 1988 and 1991. These and other trends in professional liability are examined in this national survey of general dentists.
Age Factors↗
Malpractice premiums in 1992: results of a national survey of dentists.
According to a 1992 national survey, more than 95 percent of general dentists in the United States purchased malpractice insurance. The authors evaluated the survey findings to identify factors that had the greatest effect on dentists' insurance premium costs. Premiums were higher for dentists who had been the subject of previous complaints or claims, as well as for those who owned their practices. States with fewer lawyers had lower premiums. Finally, state limits on use of dental hygienists, number of offices and the extent of water fluoridation also affected premium levels.
Fees and Charges↗
Medical rationalization, cultural lag, and the malpractice crisis.
The theses of this paper are that (1) the practice of medicine has become more formally rationalized in the past century; (2) this rationalization process has been retarded by the professional aspects of medical practice, e.g., the service ethic and the medical profession's exclusive jurisdiction over medicine; (3) this retardation is evident in cultural lag between the development of medical knowledge and how medicine is practiced; and (4) the "malpractice crisis" is a particular force which is accelerating the rationalization process and is overcoming lag. Data from physician surveys and interviews are presented which show the utility of a rationalization-cultural lag model in generating a number of substantive questions pertinent to the quality of rationalized medical care.
Defensive Medicine↗
Malpractice in the United Kingdom.
The end of the last century saw the development in the United Kingdom of medical protection and defense societies. Their history, objects, growth, and scope are outlined. Reference is made to leading cases of medical malpractice and to the relevant statutes. The relationship between the protection societies and the National Health Service authorities is dealt with and a comparison made of the relative situations in the United States and United Kingdom. Finally, recent trends are examined and views expressed about possible future developments in this field which will be the subject of recommendations by a Royal Commission on Civil Liability and Compensation for Personal Injury which is now sitting.
Adult↗
Making attributions to the physician following closing arguments of a simulated medical malpractice suit: jurors' sex, health locus of control, and locus of authority.
This study examined jurors' health locus of control, locus of authority, sex, and attribution assigned to the physician in a simulated trial by subject-jurors. Subjects viewed videotaped closing arguments of a fictionalized medical malpractice case and assigned fault to each party in the case. The primary finding was that women tended to assign greater responsibility (57.00%) to the physician than did men (37.92%).
Adolescent↗
Reducing the risk of malpractice claims.
Many physicians will be sued for malpractice at some time during their careers. Risk of litigation can be reduced by adopting practices that include keeping thorough medical records, educating office personnel, and fostering good patient-physician relationships. The last is important because patients who view their physicians as caring tend not to sue even if an adverse outcome occurs.
Defensive Medicine↗
Legal implications of academic dismissal and educational malpractice for nursing faculty.
Recent legal decisions affect nursing education not only in the area of academic dismissal but also in the area of educational malpractice. Nursing faculty may be caught in an interesting "catch-22" phenomenon. There exists a possibility where an educator may be sued for both failing, and not failing, a student. An incompetent graduate may sue for inadequate education, and a dismissed student may sue the faculty member for failing to treat the student in a logical and reasonable manner. Although courts have recognized that faculty members are uniquely qualified to observe and judge all aspects of their students' academic performance, nursing instructors have a double responsibility; one to the client and the other to the student. Clinical nursing faculties must meet a standard of care with respect to the client and a standard of conduct with respect to the student.
Civil Rights↗
Societal responsibility for malpractice.
The purposes of providing just compensation to victims of medical injury and assuring high quality medical care are not served by the tort system. The tinkering with the tort system following the 1975 malpractice crisis will not ease the constantly increasing cost burden on the health care delivery system. Costs will double every three to four years. The only answer is a social insurance approach. The costs of a compensation system for medical injury regardless of fault could be met by eliminating the friction costs of the tort system, and would be helped by establishing national health insurance. The system could be initiated gradually and would be accompanied by quality assurance measures.
Attitude↗
Anger as the root cause of malpractice claims.
The virtually unrelenting stress of practicing medicine in the United States today is undoubtedly exerting powerful negative effects on the mood and, by implication, the effectiveness of American plastic surgeons. The author points out that anger is at the root of malpractice claims and offers physicians advice on how to prepare their patients for the realities of plastic surgery. By creating an atmosphere of trust and partnership, physicians can relieve their patients' anxieties and diffuse their anger.
Anger↗
The judiciary: surprising supporters of malpractice reform.
Are the judges surprising supporters of malpractice reform? What is the overall message of the ACOG survey of judges, and how can organized medicine use that message? On balance, the ACOG survey of judges shows that they agree with physicians who argue that the present system needs to be changed. The overall message is that the present tort system does not work very well in the area of expert witness testimony, the system of jury decision-making, or the awarding of damages. Since it does not work very well, the medical community must continue to advocate changes to the system, ones that are fair to society as a whole. The judges' opinions on what reforms would better serve society can be persuasive data to present to state and federal legislators. So it's not just lawyers vs. doctors anymore. After all, the judges are lawyers, too. And these lawyers seem to be on the doctors' side.
Expert Testimony↗
Malpractice morass.
Political maneuvering, not a medical crisis, has moved the malpractice issue to the fore on Capitol Hill. But it isn't likely to go anywhere until health care reform does.
Health Policy↗
Civil money penalties for failure to report on medical malpractice payments and for breaching the confidentiality of information--HHS. Final rule.
This final rule establishes civil money penalties (CMPs) pursuant to title IV of Public Law 99-660, the Health Care Quality Improvement Act of 1986 (HCQIA), as amended by section 402(a) of Public Law 100-177. Section 421(c) of HCQIA establishes a CMP against any entity that fails to report information that is required to be reported on medical malpractice payments. Section 427(b) of HCQIA establishes a CMP against any person that breaches the confidentiality of information which is reported or furnished pursuant to HCQIA and which the Secretary has established the National Practitioner Data Bank to collect and disseminate.
Confidentiality↗
The need for tail coverage in medical malpractice insurance.
In today's litigious society, it is more important than ever that physicians purchase "tail" coverage--that is, insurance for claims asserted after the period covered by their basic insurance arising from occurrences during the insured period. This article describes the tail of a medical malpractice insurance policy, the need for and purpose of tail coverage, the methods of pricing such coverage, and the problems associated with the tail coverage provisions of medical professional liability insurance.
Actuarial Analysis↗
Avoiding malpractice claims for lack of informed consent.
While malpractice claims alleging lack of informed consent are proliferating, the courts are requiring more detailed information regarding the risks of proposed treatment. Increased use of consent forms and brochures designed to provide comprehensive, objective information for specific procedures could help physicians avoid most of these types of claims.
Acquired Immunodeficiency Syndrome↗
The legality of state limitations on medical malpractice tort damage awards.
This study reviews the legal status of state medical malpractice damage limitations or "caps" now being challenged regularly on federal and state constitutional grounds. The case law resulting from the many state tort damage control laws passed during the mid-1980s in response to the "tort-insurance" crisis is examined, and the legal and economic implications of that litigation are analyzed. This study concludes that (1) the outcome of litigation depends largely on whether the challenge is heard in a federal or state court, (2) challenges based on the right to a jury trial are more likely to be successful, and (3) the influence of cap laws on insurance rates and availability to date has been minimal.
Data Collection↗
MRIs give their views to help hospitals mount defenses when they face malpractice charges.
Hospitals may save themselves millions of dollars in medical malpractice costs by following the lead of a New York hospital that used the technology to prove it hadn't caused the brain damage of a woman born more than 20 years earlier. The hospital's attorney said MRI technology is "now able to prove to some extent in some cases the timing of brain damage."
Expert Testimony↗
The malpractice suit. What to know from the start.
Once the immediate visceral reaction to being slapped with a malpractice suit has subsided, it's time to assess the situation and prepare for the impending legal battle. A successful outcome is more likely if you remain calm; call your insurance company immediately; familiarize yourself with your rights and obligations; cooperate fully with your lawyer; and help to secure credible, credentialed experts to testify on your behalf.
Insurance, Liability↗