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Tobacco products litigation.
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Re Evelyn -- reflections on Australia's first litigated surrogacy case.
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The role of clinical guidelines in medical negligence litigation: a shift from the Bolam standard?
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Prophylaxis and therapy of malpractice litigation.
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Toxic tort litigation: medical and scientific principles in causation.
A definition and an explanation of the legal standard for imposition of legal liability in a toxic tort case are set forth. The focus is on how expert witnesses utilize the applicable medical and scientific data in order to provide opinion evidence of the causal relation between exposure to a toxic substance and disease in an individual case. The author concludes that policy considerations are present in both the legal standard and the basis for establishing a cause and effect relation.
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.
Alternatives to litigation: pros and cons.
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The legal system and patient safety: charting a divergent course: the relationship between malpractice litigation and human errors.
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Relationship between malpractice litigation and human errors.
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The upper respiratory tract infection (URI) dilemma: fear of a complication or litigation?
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Complications and litigation in gynecologic endoscopy.
Most medical malpractice lawsuits that involve gynecologic endoscopy and laparoscopy result from either improper prevention, inadequate recognition, or delayed intervention. Continuing recognition of this will prevent many and mitigate most such cases. We can learn much from the events and rapid progress of the past decade. Although most laparoscopic improvements have been technical and instrument driven, a basic understanding of anatomy, physiology, and diagnostics remains essential to high-quality patient care and risk reduction.
Malpractice litigation in health care today.
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Insurance problems, questions, and solutions to malpractice litigation.
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Case reports. II. Sterilization litigation.
Legal questions will continue to increase with this popular operation because sterilization is the second most common procedure performed by gynecologists. Because of patient's expectation, the sterilization patient is particularly vulnerable to suggestions of malpractice after a complication or failure. Careful preoperative preparation of the patient and family; strict attention to equipment, education and outcome statistics; a conscientious concern when complications do occur will help to reduce sterilization legal claims. A thorough knowledge of the proper management after a complication must be part of the education process. Success following legal defense will be measured by a proper preparation, good records, and an impressive, knowledgeable expert witness.
Complications and litigation.
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THE SIGNIFICANCE OF HEALTH PHYSICS TESTIMONY IN RADIATION INJURY LITIGATION.
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Microwave cataract and litigation: a case study.
This paper gives details of a recent court case conducted in Australia concerning a compensation claim made by a radar technician for subcapsular posterior cataracts allegedly caused by exposure to microwave radiation. A discussion of some relevant material, including the likely invalidation of certain in vivo ocular exposures due to the use of a metallic cannula and the relevance of in vitro exposures of rat lenses, are presented. The key findings of the court are also summarized. The ruling of the court was that it was probable that the level of microwave exposure did not cause, or accelerate the development of, the cataracts or contribute to doing so. Consequently, the claim was dismissed.