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PubMed2001

[Expert assessment of medical malpractice].

Conciliation boards are advisory commissions of the medical societies. They deal with clarification of extrajudicial patient claims based on factual or putative treatment mistakes. In perhaps 90% of the cases, an extrajudicial solution is possible, whereby the federal average for recognition is 30%. Within the framework of this study, first the legal basis for the liability of doctors is explained, especially the importance of patient information and consent as well as the responsibility for documentation. The material of the conciliation board of the medical society of Saxony consists of 1375 medical expert opinions rendered between 1 January 1992 and 23 September 2000, of which 165 cases were due to orthopedic treatment. The most common health injuries resulting in compensation claims are described.

Expert Testimony↗
PubMed2003

Use of calcium antagonists in renal patients: therapeutic benefit or medical malpractice?

In patients with kidney disease, control of hypertension is paramount in helping to slow down the progression of both diabetic and nondiabetic nephropathy. A significant amount of data have been published that suggest blockade of the renin-angiotensin system should be considered as first-line therapy for patients with kidney disease. Meanwhile, some studies have suggested that the use of calcium channel blockers may have deleterious effects on patients with kidney disease. This manuscript reviews the renal outcomes of trials in which calcium channel blockers were included in the management of patients with and without kidney disease. The data suggest that agents that block the renin-angiotensin system are superior to calcium channel blockers in protecting against progressive kidney disease. However, there is no conclusive evidence that calcium channel blockers are injurious to the kidney, and they may be particularly beneficial in post-renal transplant patients.

Calcium Channel Blockers↗
PubMed1994

In defense of malpractice charges: a survey of the legal process.

Surgeons need to be more informed and cognizant of the ramifications of the legal process to participate properly in their defense or to serve as expert witnesses. The education, training, experience, and psychology of surgeons provide a different background from that needed in a legal contest. As the saying goes, "The battle begins when the suit is served." Attention to detail and defensive, conservative, and humble attitudes should begin then. Although cases are not won in the early stages or during the discovery process, they may well be lost there. The surgeon's improper attitude and lack of preparation may be responsible for many of these losses. The process is expensive and time-consuming, but attempts to avoid this time commitment during the pretrial stages are ill advised. With understanding, close cooperation with counsel, and proper preparation, the surgeon will be a potent force in his or her own defense.

Humans↗