Search PubMed⌕ Search

SEARCH · Search PubMed

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.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

At least 163 records · Page 9Linked to original sources
PubMed1988

Malpractice claims for urogenital injuries.

Precise information regarding patient injuries, claims and compensation in medical malpractice cases is scarce. This dearth is especially evident among cases citing injury to the genitourinary system. In an effort to explore the topic of iatrogenic urogenital damage 3,454 malpractice claims were reviewed and an analysis of 122 cases involving urogenital injury is presented. The 2 types of claims that predominated were negligent surgery, and failure to diagnose and treat urogenital disease. Nonurological practitioners were the focus of allegations of negligence in two-thirds of each type of claim. Certain surgical procedures and clinical shortcomings in a wide range of specialties were identified as being prevalent causes of malpractice claims for urogenital injuries. The correlation between money paid to claimants and specific types of injury also was examined. Suggestions are offered regarding ways to reduce the risk of malpractice liability.

Diagnostic Errors↗
PubMed2001

Medical malpractice liability and its effect on prenatal care utilization and infant health.

In this paper we conduct the first national evaluation of the effect of malpractice liability pressure, as measured by malpractice premiums, on prenatal care utilization and infant health. Our results indicate that a decrease in malpractice premiums that would result from a feasible policy reform would lead to a decrease in the incidence of late prenatal care by between 3.0 and 5.9% for black women and between 2.2 and 4.7% for white women. Although, we found evidence that malpractice liability pressure was associated with greater prenatal care delay and fewer prenatal care visits, we did not find evidence that such pressure negatively affected infant health.

Black or African American↗
PubMed1997

America's first medical malpractice crisis, 1835-1865.

Prior to the early 1800's, medical malpractice was almost unknown in the United States. However, a large number of malpractice law suits inundated the courts between 1835 and 1865. About 70 to 90 percent of the litigation involved fractures and dislocations with imperfect results or deformities such as shortened or crooked limbs. Lawyers alleged that the physicians did not provide due proper care, skill and diligence despite the fact that the better surgeons tried to save limbs rather than follow the common practice of amputation, especially for compound fractures. While a number of texts dealt with medical jurisprudence, it was not until 1860 that a text on the subject intensively delved into the issue of medical malpractice. Coincidentally, the attitudes and behaviors of patients, lawyers, physicians and judges during the first medical malpractice crisis were surprisingly similar to those currently held.

Attitude of Health Personnel↗
PubMedDate not supplied

Cancer screening and early detection: managing malpractice risk.

PURPOSE: The purpose of this report is to educate healthcare professionals about the legal risks of conducting cancer screening examinations and necessary risk reduction practices. OVERVIEW: The authors describe the elements of a medical malpractice claim, the healthcare professionals' legal standard of care, theories of malpractice liability, common factors related to missed or delayed diagnoses, malpractice defenses, and risk reduction practices. CLINICAL IMPLICATIONS: Healthcare professionals, including physicians, physician assistants, advanced practice nurses, and social workers, have been shown to be clinically effective in cancer screening, and early detection of many cancers leads to improved long-term survival rates. Healthcare professionals who conduct cancer early detection examinations and counsel patients in cancer screening programs need to be aware of the common legal theories under which lawsuits are brought related to cancer detection examinations. Important steps in reducing the risk of malpractice include developing creative strategies to address the theories of liability in the area of cancer screening and early detection; keeping abreast of changes in national and international cancer screening recommendations; monitoring the literature for approaches to decrease liability; and scrupulously maintaining documentation of all findings and interactions among providers and between providers and patients.

Defensive Medicine↗
PubMed2006

[Outcome of preliminary proceedings against medical practitioners suspected of malpractice].

BACKGROUND AND OBJECTIVE: There are no reliable data in Germany on the incidence of medical malpractice, preliminary proceedings against medical practitioners and the results of such proceedings. Preliminary proceedings are especially felt by medical practioners to be a significant burden on them. MATERIAL AND METHODS: A retrospective study was carried out of all criminal proceedings involving accusations of medical malpractice, dealt with at the Institute of Forensic Medicine of the University of Bonn between 1989 and 2003. RESULTS: The analysis comprised 210 preliminary proceedings. The accusations mainly concerned offences against the patient's life or health (negligent bodily injury, section sign 229 StGB; negligent manslaughter, [section sign] 222 StGB). Most of the preliminary proceedings were started without the services of a lawyer representing the injured/bereaved. Many accused medical practitioners also had not engaged a lawyer, probably because they did not even know of the preliminary proceeding. 87% of the proceedings were closed according to [section sign] 170 Abs. 2 StPO or the verdict was acquittal. 7.6% of the cases were completed according to [section sign] 153a Abs. 1 StPO or the result was a conviction. CONCLUSION: Preliminary proceedings against medical practitioners due to medical malpractice are predominantly closed according to [section sign] 170 Abs. 2 StPO. The study reveals that, especially in cases ending in death, autopsy findings often exonerate medical practitioners from accusations of medical malpractice. Medical practitioners themselves should for this reasons officially report the manner of death as of undetermined in order to prepare a basis for later objective explanation of the cause of death by legal autopsy.

Germany↗
PubMed1996

The elements of medical malpractice: an overview.

Most physicians will be involved in a medical malpractice case sometime in their career in one of several capacities, such as defendant, a treating physician, or an expert witness. Providing that malpractice has been committed is based on substantiation of a variety of elements and issues. This article offers an overview of the basic theories or types of claims of malpractice: 1) lack of due care; 2) lack of informed consent/battery; 3) vicarious liability/respondent superior/negligent supervision; 4) injury to third parties; and 5) abandonment. While these elements hold true in general, the laws of malpractice, the procedures involved, and the judicial process vary from state to state and from country to country.

Malpractice↗
PubMed1982

Application of the locality rule and implications for malpractice actions against physical therapists.

Physical therapists are becoming involved increasingly in malpractice actions. The number of such actions will likely increase as the profession moves towards specialized practice and practice without medical referral. This article is intended to clarify some of the major principles of negligence and malpractice law as they apply to physical therapists. There are few reported cases of malpractice involving physical therapists, but an abundance of cases involving physicians. The extent to which physicians and therapists have been treated alike in these past malpractice suits is examined. This article also discusses some of the potential legal implications of specialization and practice without referral and their effect on the physical therapist in general practice and the therapist practicing without referral.

Malpractice↗
PubMed2002

Malpractice risk prevention for primary care physicians.

The recent medical malpractice "crisis" has seen skyrocketing liability premiums and increasing fear of liability. Primary care physicians, especially family medicine and internal medicine physicians, have historically experienced low rates of malpractice claims, both in number and amount of payment. This can be attributed to several factors: the esteem held by internal medicine and family medicine physicians in their communities, relatively low numbers of invasive procedures, reluctance of patients to include "their" primary care physician in any potential litigation, and, probably most importantly, the atmosphere of mutual trust and communication between the internist or family physician and the patient. Recent years have seen this trend erased, as insurance industry data suggest primary care physicians presently face significant potential exposure for medical malpractice claims. It is imperative that primary care physicians take steps to insure they are adequately covered in case of a malpractice claim and that they practice aggressive but appropriate risk management to lessen the likelihood of a claim.

Humans↗
PubMed2006

Malpractice liability, patient safety, and the personification of medical injury: opportunities for academic medicine.

The political battle over trial lawyers and "tort reform" centers on whether or not to reduce incentives to sue for medical malpractice by capping damages in malpractice suits and limiting legal fees. But the current struggle mis-states the case for innovation in medical malpractice policy. Rather than focus exclusively on the financial consequences of legal claims, malpractice reform should move closer to the bedside, emphasizing error prevention, open communication, rapid compensation, and efficient insurance of the costs of injury. Academic health centers are well positioned to lead this effort in each of their three recognized missions: patient care, teaching, and research. Academic health centers enjoy greater institutional cohesiveness and research capacity than most other medical practice settings. Perhaps most important, their high visibility ensures that patients who suffer avoidable harm within their walls become salient to the public as individuals, not merely as dollar entries in a litigation ledger.

Academic Medical Centers↗
PubMed1991

Malpractice in physical medicine and rehabilitation. A review and analysis of existing data.

Malpractice issues are a concern for physiatrists, but little information specific to the field is readily available. Medical, legal and economic literature provide profiles of physicians involved in malpractice claims and the types of clinical situations in which suits are brought in general but no specifics on physiatry before 1973. Nine malpractice studies were examined to characterize malpractice claims in the field. The physiatrist's risk relative to other specialties could be studied specifically in three studies of 197,230 claims reported from 182 liability carriers. The number of claims brought was one-third of that predicted relative to the size of the specialty. The number of paid claims was one-fourth of that predicted, and the total dollar indemnity was one-fifth of that predicted. The average indemnity per claim rose 770% over a decade, from $12,000 in 1978 to $92,000 by 1988. Dollar losses were significantly lower than expected compared with other specialties classified by insurance carriers to be of similar risk such as neurology, pediatrics and general/family practice and one specialty considered to be very low, dermatology. Losses for physiatry were more similar to that of the very low risk category specialties such as psychiatry and pathology. One-fourth of successful claims resulting in one-third of the total dollar losses were associated with physical therapy. Cases involving femoral fracture comprised 14% of paid claims accounting for 34% of the total losses. Conditions of the vertebral column accounted for 35% of monetary losses and medication error accounted for 14% of monetary losses. The claim incidence was very low as one study of 71,130 claims identified none against physiatrists, with no more than 110 claims in any single study.

Insurance, Liability↗
PubMed1993

Strategies to limit CNS malpractice liability exposure.

The number of nurses named as defendants in medical malpractice cases is increasing. The CNS may be especially vulnerable in this legal climate. The complexity and diversity of the CNS role expose the CNS to an increased risk of malpractice liability in a variety of situations. Malpractice judgments and verdicts are used to describe the legal milieu that the CNS practicing in the various roles may encounter. The CNS roles examined are that of: clinician, educator, consultant, and researcher. The liabilities inherent in each of the CNS roles are defined, as well as strategies to limit malpractice liability exposure.

Clinical Competence↗
PubMed1994

Initiation of medical malpractice suits: a conceptualization and test.

Despite the concern with medical malpractice suits and research about them, little is known about why some perceived injuries lead to claims of malpractice while other similar injuries do not. This paper presents a conceptualization and hypotheses regarding the determinants of an injury or perceived injury leading to suit. The conceptualization and hypotheses are tested using information collected from 113 medical malpractice plaintiffs' attorneys in three states. A series of proposed concepts prove useful in explaining patient willingness to pursue a suit as well as the plaintiff's success and award size. These are concepts of anger, reluctance to sue, patient and provider worthiness, affinity, economic burden and potential for compensation. Specific attributes of the injury, the patient, the provider, and the doctor-patient relationship relate to these concepts. Injury and doctor-patient relationship attributes prove more important than patient or provider attributes. However, the reported impact of the attributes of the patient and physician on plaintiff success and award is high and suggests that the impact of "non-relevant" variables in the medical malpractice process. Doctor-patient relationship variables hypothesized to reflect affinity are reported to be important in reducing patient willingness to pursue a case; and, certain populations, such as minorities, elderly, foreign-born, are perceived to have a reluctance to sue. The effect of specific characteristics of the patient, the doctor, the injury and the patient-doctor relationship on patient reaction and on disposition is reported, as well as evidence that relates to the validity of the overall conceptualization.

Adult↗
PubMed1995

Effects of the threat of medical malpractice litigation and other factors on birth outcomes.

Most major health reform proposals include reform of medical malpractice. A major objective of the current medical malpractice system is to improve quality of care. The authors examine the effect of variations in the threat of medical malpractice, measured by claims frequency and payments per exposure year, on various indicators of birth outcomes, fetal deaths, low Apgar score, death within 5 days of birth, infant death, and death or permanent impairment at 5 years of age. Data came from 2 sources: a Survey of Obstetrical Care of 963 women in Florida in 1992 who delivered 5 years previously; and a fetal death and a linked birth-death file obtained from Florida Vital Statistics for 1987. Among the outcomes considered, only fetal deaths decreased in response to an increased threat of being sued, and this relationship was only obtained from one of the data sets. Overall, no systematic improvement in birth outcomes in response to an increased threat of medical malpractice litigation was obtained.

Adult↗
PubMed1995

Tort reform and malpractice liability insurance.

Legal factors related to the malpractice liability insurance purchased by general dentists in the United States were investigated using a comprehensive multivariate model that assessed the contribution of legal provisions affecting the probability of a malpractice claim, the probability of a payment, and the average size of the payment. General practice dentists in the United States were selected randomly, and 3,048 dentists were studied by mail survey. A number of legal statutes (periodic payment allowed, percentage fault liability informed consent limits, limits on res ipsa loquitor, attorney fee control, some statute of limitations provisions) had the intended effect of reducing the malpractice insurance sought by dentists. Other provisions, such as binding arbitration, may have unintended cost-raising effects. Previous malpractice claims were associated with purchasing greater amounts of insurance. These findings have implications for future changes in the legal system as part of health care reform.

Dentistry↗
PubMed2005

An overview of medical malpractice litigation and the perceived crisis.

In this overview of medical malpractice litigation in the United States, practical and philosophic aspects of the so-called malpractice litigation crisis are addressed. After reviewing the historical, legal rationale for compensating victims of negligent conduct by others, attention is focused on the plight of physicians who are charged with medical negligence and the oppressive insurance premiums that impose a heavy burden on all health care providers, particularly those in the surgical fields. A variety of political solutions advanced to "correct" the problem is reviewed. A historical prospective of malpractice litigation in the United States is presented together with an analysis of various legislative proposals--many of which have already been enacted in various states that will ostensibly "cure" the problems that concern clinicians. Consideration of the various legislative proposals includes: arbitrary limits on pain and suffering awards (caps); elimination of joint and several liability; regulation of attorneys fees; elimination of the collateral source rule; abrogation of punitive damages; proposals for periodic payments; and statutes of repose. Various procedural changes in the processing of malpractice claims are reviewed and analyzed from the perspective of both fairness and efficacy.

Crisis Intervention↗
PubMed2006

Facing the malpractice crisis: academic physicians' willingness to accept quick fix solutions.

BACKGROUND: We sought to determine the willingness of academic physicians to accept strategies to contain institutional malpractice costs. METHODS: We surveyed all 270 Department of Medicine physicians at a large academic center. Respondents were asked about their knowledge regarding malpractice premiums, willingness to reduce patient-care activities and accept decreases in compensation. RESULTS: The response rate was 80%. Respondents estimated the annual increase in malpractice premiums from 2004 to 2005 to be 29%. The true increase was 28% (P = 0.55). Almost all opposed eliminating patient care (95%) or providing patient care every other year at double effort and withdrawing from patient care on alternate years (97%). Seventy percent would limit their clinical procedures. Most physicians opposed salary reduction (97%) or decreases in fringe benefits (99%). CONCLUSIONS: Few academic physicians are willing to limit patient care or accept decreases in compensation to recoup institutional malpractice costs.

Academic Medical Centers↗
PubMed2026

Immune Checkpoint Inhibitor-related Adverse Events in Publicly Accessible United States Malpractice Records: A Systematic Legal Database Review, 2015 to 2026.

OBJECTIVES: By 2023, an estimated 56.7% of US patients with advanced or metastatic cancer were eligible for immune checkpoint inhibitor (ICI) therapy. Grade 3 to 4 immune-related adverse events (irAEs) occur in ∼14% to 21% of patients depending on regimen, yet publicly accessible malpractice records involving ICI administration or irAE management have not been systematically described. METHODS: We searched Lexis+ and Westlaw Advantage for publicly accessible US malpractice records filed from January 1, 2015, through March 31, 2026. Sources included jury verdicts and settlement databases, federal and state dockets, and briefs, pleadings, and motions databases. Cases were included only when ICI administration, indication selection, toxicity counseling, toxicity recognition, toxicity monitoring, or irAE management was causally central to the alleged negligence. RESULTS: Among 38 legal matters identified after cross-platform deduplication, 4 met eligibility criteria. These matters reflected 4 pleaded negligence theories: inappropriate ICI indication, toxicity counseling and informed-consent failure, irAE mismanagement, and treatment-related multiorgan toxicity. Publicly visible irAE-centered malpractice records were rare relative to the clinical burden, but the data do not support a national litigation incidence estimate. CONCLUSIONS: Publicly accessible irAE-centered malpractice records appear rare. As ICI use expands, litigation risk may increasingly focus on indication documentation, individualized toxicity counseling, and structured monitoring.

immune checkpoint inhibitors↗
PubMed2006

Incidence of and risk factors for medical malpractice lawsuits among Mohs surgeons.

BACKGROUND: Despite rising medical malpractice costs, little is known about the factors associated with claims filed against Mohs surgeons. OBJECTIVE: We sought to define the scope of medical malpractice claims filed against Mohs surgeons and to identify salient factors associated with the filing and disposition of those claims. METHODS: A comprehensive survey was mailed to 599 physicians with US addresses listed in the 2003 directory of the American College of Mohs Micrographic Surgery and Cutaneous Oncology. RESULTS: Of the 300 completed surveys returned, 33 (11%) reported ever having been sued. Physicians who practiced Mohs surgery for a longer period of time were more likely to have been sued for malpractice. Physicians reported the wrong site and functional outcome as the most frequent causes of malpractice lawsuits.

Dermatology↗