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PubMedDate not supplied

Teleradiology: a case study of the economic and legal considerations in international trade in telemedicine.

Growth in the global market for telemedical services is being driven by economics. Two operational models are already recognizable. "Nighthawk" providers are virtually indistinguishable from their domestic counterparts with respect to medical malpractice liability and price for service. Indian providers, in contrast, offer deep price discounts on services, but jurisdictional loopholes are likely to allow these providers a method to avoid medical malpractice liability. Hospitals that outsource their radiology services need to be aware of these differences, because hiring Indian telemedical providers will likely result in a shift of medical malpractice liability from providers to hospitals.

Commerce↗
PubMed1991

How issues of professional liability are taught in U.S. medical schools.

This study investigated how medicolegal issues--specifically those concerning professional liability--are treated in U.S. medical school education. The author mailed a questionnaire in mid-1989 to all 127 U.S. medical schools that were accredited at that time and to the five medical school campuses of the University of Illinois; 120 (90%) responded. Of these, 73 (61%) reported that they included topics about professional liability in their educational curricula. Twenty-three of the schools indicated that students' training had been "compromised or jeopardized" by the impact of physicians' concerns about medicolegal issues. Forty-seven of the schools had students who had been named in malpractice suits. The study shows that undergraduate medical education has been significantly affected by issues of professional liability. Relevant medicolegal content should be an integral part of medical school education.

Curriculum↗
PubMed1991

The legal liability of doctors and hospitals for medical malpractice.

A broad overview of the fundamental principles relating to legal liability for medical malpractice is presented. The issues expounded, discussed and illustrated are the nature and consequences of the relationship between doctor/hospital and patient, effective consent as a requisite of lawful medical interventions, emergency treatment, medical negligence and the vicarious liability of doctors/hospitals for the negligence of others.

Hospitals↗
PubMed1999

European medical device regulatory law and product liability.

The regulatory system for medical devices is quite different from that for pharmaceuticals and may catch many people unawares. For instance, it does not involve the grant of a marketing authorization by a medicines agency. Instead, a declaration of conformity is made by the manufacturer, but in many instances this is subject to approval by an independent certification house (known as a notified body). The Medical Devices Directive 93/42/EEC is applied in each EEA State by national Legislation. In the UK, for example, the relevant law is the Medical Devices Regulations 1994, and responsibility for enforcement rests with the Medical Devices Agency. Non-compliance with the regulations can incur a criminal penalty.

Device Approval↗
PubMed1991

A parent's perspective. Family-centered care.

In summary, although I feel that family-centered care has progressed in the last several years, much remains to be done. With improvement in research and technology come new challenges for medical professionals and also new liabilities. I have found individuals who were not interested in working with my son because of the risk in decision making and liability his medical conditions pose. I would like to see the next generation of medical personnel be trained to accept the challenge of multihandicapped and medically fragile children. While our current system puts pressure on physicians and hospitals to protect their business interests, I would like to see this change to allow for more sensitized and comprehensive care for all patients. My child's medical needs will be ongoing, and I know that many more doctors will come and go throughout his lifetime. What I would like to see for him (and others) is a more personalized continuum of quality care. I want him to feel, at whatever his ability to understand, that the medical professionals caring for him want him to thrive, be healthy, and feel food about himself.

Adult↗
PubMed2001

Loss of a chance in medical malpractice litigation: expanding liability of health professionals versus providing justice to those who have lost.

The loss of a chance doctrine in medical malpractice litigation is essentially based on the perceived unfairness of denying recovery to a patient when a health provider's malpractice has reduced the patient's chance of a better outcome. It is the thesis of the article that loss of a chance must the recognised at law, notwithstanding that the chance is less than even or not subject to the benefit of statistical and/or scientific proof and that each lost chance should be assessed according to the value of that chance. Varying approaches to allocating value to the chance lost are examined both historically and internationally. The author contends that the policy arguments--which include potential for increased medical malpractice litigation, tainted reputations and an increase in professional indemnity policies--are insignificant when compared to the value and quality of human life and therefore cannot be supported.

Australia↗
PubMed1994

Legal liability of physicians in medical research.

The intent of this paper is to provide an overview, in layperson's language, of the concepts in law which may be applicable to a physician who undertakes research. The paper is divided into 2 parts. Part I deals with liability issues and standards of care. It is meant to enable the physician/researcher to recognize a potential liability situation. Part II examines insurance and related issues such as the role of the Canadian Medical Protective Association (CMPA). The paper begins with a review of 2 potential categories of liability: criminal and civil tort. Next, legal issues surrounding the consent process, which form the majority of negligence claims, are dealt with. The research process is then discussed with emphasis on the Medical Research Council of Canada Guidelines on Human Experimentation. Part II covers how research projects are funded and identifies the parties from whom insurance coverage may be sought. Information is provided from the various sources offering insurance and quasi-insurance protection with special attention on the CMPA. Each source details the circumstances necessary for its particular coverage to be triggered. Other issues addressed include those arising when research is conducted outside Canada and multiple coverage.

Behavioral Research↗