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PubMed1997

[Medical liability and unintentional offenses in professional practice].

Malpractice and negligence lawsuits against physician have significantly increased lately. Therefore, the legal and ethical setting of this problem in our country must be specified. There are multiple causes that lead to attribute the responsibility of a determinate damage to medical practice, but the most important is an inadequate medical-patient-family relationship. Lawsuits are transcendental for physicians and affect them in several ways. Several measures are proposed to reduce them. Considering the increasing importance of solidarity and shared compensations, the responsibility of institutions and other professionals, besides physicians, is analyzed.

Chile↗
PubMed2004

Review of the professional medical liability insurance crisis: lessons from Missouri.

OBJECTIVE: This study was undertaken to document and generalize the professional liability insurance (PLI) crisis. STUDY DESIGN: Data analysis from physician surveys, Missouri Department of Insurance, and court records. RESULTS: In 2001-2002, many insurers stopped writing new and existing PLI. A survey found 1 in 7 physicians had their PLI terminated and/or application for new insurance denied. Average premiums increased 22% in 2001 and 60% in 2002. Accordingly, 50% of surveyed obstetricians took salary cuts, 18% secured loans, 9% liquidated assets, and 55% significantly limited their clinical services. An adverse court ruling caused insurers to double reserves. Incomplete data led the Missouri Department of Insurance to erroneously conclude a decrease in claim frequency and severity. In contrast, courthouse records and missing data sources revealed increased malpractice filings. PLI premiums continue to rise. CONCLUSION: Many life-saving specialists are being forced out of business. Specialists are less willing to care for emergency and indigent patients for fear of liability exposure. Legislative enactments leading to meaningful tort reform, public support, and judicial restraint must occur to save health care.

Defensive Medicine↗
PubMed2006

Screening mammography, public perceptions, and medical liability.

PURPOSE: To outline the most common sources of raising malpractice claims in screening mammography and to discuss the related medical litigation issues in the light of the evidence-based medicine. METHODS AND MATERIAL: Electronic and manual search of the relevant literature. RESULTS: The most common cause of malpractice is the delayed diagnosis of breast cancer. The plaintiff must establish that the radiologist was negligent and the delay in diagnosis caused injury to the patient. Literature shows that mammography does not always detect breast cancer, and even skilled radiologists may periodically miss malignant lesions. Also, delay in diagnosis does not always affect treatment and prognosis. Over-promotion of screening mammography has made disproportionately difficult for a defendant radiologist to prevail in a malpractice lawsuit. Thus, screening mammography is at stake, although it saves lives. The public and legal system should be educated about biological processes, medical practice, and the limitations of screening mammography. CONCLUSION: If mammography is to survive medical litigation and continue to save lives a major reform in public perception, in the stance of the mass media, and in the ability of legal system to understand medicine is required. Physicians and medical associations have an important role to play.

Attitude to Health↗
PubMedDate not supplied

Status of medical liability claims in Saudi Arabia.

BACKGROUND: With the evolution of healthcare services in Saudi Arabia, there has been an increase in the number of medical practice litigations. The author analyzed the medical malpractice litigation that was referred to the National Medico-Legal Committee (MLC) in order to evaluate the magnitude and underlying factors of the problem in Saudi Arabia. METHODS: A retrospective analysis of the official records of Medico-Legal malpractice claims over the period 1420H-1424H (1999-2003) was performed. The incidence among different medical specialties, location, and final resolution of each claim were identified. RESULTS: Data analysis revealed an increasing trend in the total number of claims over the study period, with a sharp increase in the transition between 1422H and 1423H (2001-2002). The distribution of claims over different medical specialties showed that obstetrical practice took the lead with 27%, followed by general surgery and subspecialties, represented by 17% each, internal medicine 13%, while pediatrics contributed 10% of claims; the fewest claims were in dentistry with 2.5%. The majority of claims were referred to Ministry of Health and private sectors medical facilities. Most claims were from the Riyadh region over the period between 1420H to 1422H (1999-2001), while thereafter, during 1423 and 1424H (2002 and 2003), the Holy Capital had the highest number of claims referred to the MLC. CONCLUSION: Adherence to standards of medical practice is by far the best approach to avoid or reduce the incidence of litigation.

Humans↗
PubMed1989

The AMA alternative to medical liability litigation: pros, cons, and fatal flaws.

The AMA proposal for an administrative scheme to replace professional liability litigation has many positive features. It abolishes jury trial and allows administrative determination of fault, representation by appointed lawyers, and limited recovery but for a wider range of injuries during treatment. Attractive as these provisions may seem to medical providers, several of them are radical enough to ensure rejection by the courts as unconstitutional. The "total package" approach to professional liability reform is less promising than concentration on the introduction of a few key items of proven or probable efficacy. Medical providers should concentrate their limited resources on tort reform providing for "caps" on noneconomic damages (pain and suffering), an absolute statute of limitations, reversal of the collateral sources (double recovery) rule, limitations on attorneys' fees, and periodic payments, rather than lump sums, for large awards. The new TMA proposal for neurological birth injuries is discussed briefly.

American Medical Association↗