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2.
Urology ; 156: 169-172, 2021 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-33992665

RESUMO

OBJECTIVES: To review medical malpractice trends and to identify the most common claims filed against medical providers for the management of patients with priapism. METHODS: Using the Westlaw legal database, a search was done for the keyword "priapism" between July 1, 1980 and July 1, 2020. Cases were evaluated for plaintiff demographics, reasons for filing claims, management outcomes, legal verdicts and awards and further categorized based upon the timing of the alleged malpractice. RESULTS: Alleged negligence during the pre-management period was cited in 30 cases. Administration of psychotropic medications was the most common reasons for filing pre-management claims 22/56 (39.3%). Delay in care accounted for 18/56 (32.1%) and complications of surgery were 5/56 (8.9%) of claims. The majority of the completed cases were in favor of the defendants (39/47; 83.0%). There was no association between type of health care provider or timing of alleged malpractice and ultimate verdict. CONCLUSIONS: Prescribing psychoactive medications without warning of the adverse effect profile is the most common reason for claims filed against providers with trazodone as the leading medication. Medical providers should ensure that patients are well informed of this adverse effect prior to prescription. Regardless, the majority of medical malpractice cases carry a verdict in favor of the defendant.


Assuntos
Disfunção Erétil , Imperícia , Priapismo , Psicotrópicos , Disfunção Erétil/epidemiologia , Disfunção Erétil/terapia , Humanos , Revisão da Utilização de Seguros , Masculino , Imperícia/legislação & jurisprudência , Imperícia/tendências , Priapismo/epidemiologia , Priapismo/terapia , Psicotrópicos/administração & dosagem , Psicotrópicos/efeitos adversos , Trazodona/administração & dosagem , Trazodona/efeitos adversos , Estados Unidos
3.
Ann Vasc Surg ; 70: 549-554, 2021 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-32946996

RESUMO

BACKGROUND: Claims for clinical negligence awarded to patients and their families are on the increase. The annual "cost of harm" is approximately £7-9 billion in the United Kingdom. In 2017, the National Health Service (NHS) resolution service reported that they mediated more claims than in their entire history. Vascular surgery is a specialty with a disproportionately higher number of claims for clinical negligence. The aim of this observational study was to review the trends of clinical negligence claims in vascular surgery within the United Kingdom. The costs and the primary cause for the complaint were evaluated. METHODS: A retrospective observational study was performed. Clinical negligence claims in vascular surgery between the financial years of April 2005/2006 to April 2018/2019 were requested from NHS resolution under the Freedom of Information Act. Data were provided on November 8, 2019. All data were anonymized, and any categories containing fewer than five claims were removed to protect the identity of claimants. RESULTS: Over the 13-year period, 1,189 claims in vascular surgery were identified, with the annual mean (range) being 91 (20-134) claims per year. Of 1,189 claims, 875 (74%) are closed with payments made to the claimants. The mean annual total payment was £10,015,373. Delay in treatment was the most common cause for litigation claims in vascular surgery with 157 closed claims costing £33,255,248 over the 13-year period. Lower limb amputation was the most common primary injury claim with 140 closed cases but had a larger financial cost at £64,155,969. CONCLUSIONS: Clinical negligence claims in vascular surgery within the United Kingdom have been increasing steadily over the last 13 years and with a changing claims culture is expected to continue. The most common cause for claims with damages paid was delay in treatment, and lower limb amputation was the most common injury suffered. Improved consent, better communication with patients, and a higher surgical skill level could significantly reduce the number of future claims.


Assuntos
Compensação e Reparação , Imperícia/economia , Medicina Estatal/economia , Procedimentos Cirúrgicos Vasculares/efeitos adversos , Procedimentos Cirúrgicos Vasculares/economia , Amputação Cirúrgica/economia , Compensação e Reparação/legislação & jurisprudência , Diagnóstico Tardio/economia , Humanos , Imperícia/legislação & jurisprudência , Imperícia/tendências , Estudos Retrospectivos , Medicina Estatal/legislação & jurisprudência , Medicina Estatal/tendências , Fatores de Tempo , Tempo para o Tratamento/economia , Reino Unido , Procedimentos Cirúrgicos Vasculares/legislação & jurisprudência , Procedimentos Cirúrgicos Vasculares/tendências
4.
Facial Plast Surg Aesthet Med ; 23(6): 417-421, 2021 12.
Artigo em Inglês | MEDLINE | ID: mdl-33347787

RESUMO

Importance: It is important to recognize factors that may mitigate the risk of a potential lawsuit and increase knowledge and awareness of physicians. Objective: To evaluate and characterize facial nerve paralysis litigation claims and related potential causes. Design, Setting, and Participants: These data were extracted from the two main computerized legal databases: WestLaw and LexisNexis. The data were queried on April 2, 2020. The records from 1919 to 2020 were obtained from a population-based setting. A total of 186 cases were included. Data were gathered for all alleged cases of facial nerve paralysis. Main Outcomes and Measures: There was a continuous rise in the amount of malpractice payments with the highest mean amount being in the past decade. Results: From 1919 to 2020, a total of 186 malpractice cases for facial nerve damage were identified. A total amount of $89,178,857.99 was rewarded to plaintiffs in 66 cases. The mean amount of paid malpractice claim was $1,351,194.80. Improper performance/treatment was the most common reason for alleged litigation (n = 97). This was followed by misdiagnosis/delayed diagnosis (n = 47), and failure of informed consent (n = 34). The highest number of malpractice claims with a total of 53 cases was from 1991 to 2000. The highest mean amount per payment was in the past decade (2011-2020) with a mean of $3,841,052.68. Conclusions and Relevance: Over the past century, improper performance/procedure, delayed/misdiagnosis, and failure of informed consent were the most common reasons for litigations related to facial nerve paralysis.


Assuntos
Traumatismos do Nervo Facial/etiologia , Paralisia Facial/etiologia , Imperícia/legislação & jurisprudência , Otolaringologia/legislação & jurisprudência , Complicações Pós-Operatórias/etiologia , Cirurgia Plástica/legislação & jurisprudência , Bases de Dados Factuais , Erros de Diagnóstico/economia , Erros de Diagnóstico/legislação & jurisprudência , Erros de Diagnóstico/tendências , Traumatismos do Nervo Facial/economia , Traumatismos do Nervo Facial/epidemiologia , Paralisia Facial/economia , Paralisia Facial/epidemiologia , Humanos , Consentimento Livre e Esclarecido/legislação & jurisprudência , Consentimento Livre e Esclarecido/estatística & dados numéricos , Imperícia/economia , Imperícia/tendências , Erros Médicos/economia , Erros Médicos/legislação & jurisprudência , Erros Médicos/tendências , Otolaringologia/economia , Otolaringologia/tendências , Procedimentos Cirúrgicos Otorrinolaringológicos , Complicações Pós-Operatórias/economia , Complicações Pós-Operatórias/epidemiologia , Procedimentos de Cirurgia Plástica , Cirurgia Plástica/economia , Cirurgia Plástica/tendências , Estados Unidos
5.
World Neurosurg ; 148: e35-e42, 2021 04.
Artigo em Inglês | MEDLINE | ID: mdl-33290895

RESUMO

BACKGROUND: Neurosurgery is a specialty associated with high risk of malpractice claims, which can be influenced by quality and safety of care. Diagnostic errors have gained increasing attention as a potentially preventable problem. Despite the burden of diagnostic errors, few studies have analyzed diagnostic errors in neurosurgery. We aimed to delineate the effect of diagnostic errors on malpractice claims involving a neurosurgeon. METHODS: This retrospective study used the national Japanese malpractice claims database and included cases closed between 1961 and 2017. To examine the effect of diagnostic errors in neurosurgery, we compared diagnostic error-related claims (DERCs) with non-DERCs in indemnity, clinical outcomes, and factors relating to neurosurgeons. RESULTS: There were 95 closed malpractice claims involving neurosurgeons during the study period. Of these claims, 36 (37.9%, 95% confidence interval [CI] 28.7%-47.9%) were DERCs. Patient death was the most common outcome associated with DERCs. Wrong, delayed, and missed diagnosis occurred in 25 (69.4%, 95% CI 53.1%-82.0%), 4 (11.1%, 95% CI 4.4%-25.3%), and 7 (19.4%, 95% CI 9.8%-35.0%) cases, respectively. The most common presenting medical condition in DERCs was stroke. Subarachnoid hemorrhage, accounting for 85.7% of stroke cases, led to 27.8% of the total indemnity paid in DERCs. CONCLUSIONS: DERCs are associated with higher numbers of accepted claims and worse outcomes. Identifying diagnostic errors is important in neurosurgery, and countermeasures are required to reduce the burden on neurosurgeons and improve quality. This is the first study to focus on diagnostic errors in malpractice claims arising from neurosurgery.


Assuntos
Erros de Diagnóstico/tendências , Revisão da Utilização de Seguros/tendências , Imperícia/tendências , Neurocirurgiões/tendências , Procedimentos Neurocirúrgicos/tendências , Adulto , Erros de Diagnóstico/efeitos adversos , Feminino , Humanos , Japão/epidemiologia , Masculino , Erros Médicos/efeitos adversos , Erros Médicos/tendências , Pessoa de Meia-Idade , Neurocirurgia/tendências , Procedimentos Neurocirúrgicos/efeitos adversos , Estudos Retrospectivos
6.
J Neurosurg ; 134(6): 1990-1997, 2020 07 31.
Artigo em Inglês | MEDLINE | ID: mdl-32736349

RESUMO

OBJECTIVE: The number of unsolicited patient complaints (UPCs) about surgeons correlates with surgical complications and malpractice claims. Using a large, national patient complaint database, the authors sought to do the following: 1) compare the rates of UPCs for neurosurgeons to those for other physicians, 2) analyze the risk of UPCs with individual neurosurgeon characteristics, and 3) describe the types of UPCs made about neurosurgeons. METHODS: Patient and family complaint reports among 36,265 physicians, including 423 neurosurgeons, 8292 other surgeons, and 27,550 nonsurgeons who practiced at 33 medical centers (22 academic and 11 regional) from January 1, 2014, to December 31, 2017, were coded with a previously validated Patient Advocacy Reporting System (PARS) algorithm. RESULTS: Among 423 neurosurgeons, 93% were male, and most (71%) practiced in academic medical centers. Neurosurgical subspecialties included general practice (25%), spine (25%), tumor (16%), vascular (13%), functional (10%), and pediatrics (10%). Neurosurgeons had more average total UPCs per physician (8.68; 95% CI 7.68-9.67) than nonsurgeons (3.40; 95% CI 3.33-3.47) and other surgeons (5.01; 95% CI 4.85-5.17; p < 0.001). In addition, a significantly higher percentage of neurosurgeons received at least one UPC (71.6%; 95% CI 67.3%-75.9%) than did nonsurgeons (50.2%; 95% CI 49.6%-50.8%) and other surgeons (58.2%; 95% CI 57.1%-59.3%; p < 0.001). Factors most associated with increased average UPCs were younger age, measured as median medical school graduation year (1990.5 in the 0-UPC group vs 1993 in the 14+-UPC group, p = 0.009) and spine subspecialty (13.4 mean UPCs in spine vs 7.9 mean UPCs in other specialties, 95% CI 2.3-8.5, p < 0.001). No difference in complaints was seen in those who graduated from non-US versus US medical schools (p = 0.605). The most common complaint types were related to issues surrounding care and treatment, communication, and accessibility, each of which was significantly more common for neurosurgeons than other surgical specialties (p < 0.001). CONCLUSIONS: Neurosurgeons were more likely to generate UPCs than other surgical specialties, and almost 3 out of 4 neurosurgeons (71.6%) had at least one UPC during the study period. Prior studies have shown that feedback to physicians about behavior can result in fewer UPCs. These results suggest that neurosurgeons have opportunities to reduce complaints and potentially improve the overall quality of care delivered.


Assuntos
Neurocirurgiões/normas , Satisfação do Paciente , Relações Médico-Paciente , Qualidade da Assistência à Saúde/normas , Estudos de Coortes , Feminino , Humanos , Masculino , Imperícia/tendências , Neurocirurgiões/tendências , Qualidade da Assistência à Saúde/tendências , Estudos Retrospectivos , Fatores de Risco
7.
Fa Yi Xue Za Zhi ; 35(4): 428-432, 2019 Aug.
Artigo em Inglês, Chinês | MEDLINE | ID: mdl-31532151

RESUMO

ABSTRACT: Objective To study the change trend, distribution characteristics and causes of medical malpractices in 18 years, through retrospective analysis of 1 900 cases of medical malpractices, in order to provide guidance for the precaution and the treatment of medical malpractices. Methods A thousand and nine hundred medical malpractice cases that were accepted by Hunan Xiangya Judical Identification Center from 2000 to 2017 were collected. Statistical analysis on the caseloads, the clients, the department distributions, the levels of the hospital and the causes of medical malpractices, etc were conducted. Results The number of cases commissioned by third-party accreditation agencies for medical fault identification was on the rise; The clients of medical malpractices changed significantly in 18 years. Most of the medical malpractice cases occurred in secondary and tertiary hospitals, significantly more in surgery, obstetrics and gynecology. The occurrence of medical malpractices was related to the doctor's insufficient prediction of the severity of the disease and the possible complications, and failure to fully inform the relevant duty of care, etc. Conclusion China's medical malpractice solutions and medical fault identification procedures are gradually improving. Strengthening the medical malpractice precaution awareness of medical workers in surgery, obstetrics and gynecology will be conducive to resolution of medical malpractices.


Assuntos
Imperícia/tendências , Unidade Hospitalar de Ginecologia e Obstetrícia , Centro Cirúrgico Hospitalar , China , Feminino , Humanos , Gravidez , Estudos Retrospectivos
8.
Eur J Vasc Endovasc Surg ; 58(5): 771-776, 2019 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-31530500

RESUMO

OBJECTIVES: Patient treatment within the Swedish medical service system can claim negligence injuries to the malpractice insurance review board and request financial compensation. The aim of this paper was to analyse the consequences of a negligence claim after arterial surgery between two periods with increasing use of endovascular treatment. METHODS: This was a retrospective cohort study of the arterial surgery negligence claims from two three year periods 2005-2007 (Period A) and 2012-2014 (Period B) from the County Council's Mutual Insurance Company. The analysis was restricted to aortic, carotid, and lower limb arterial diseases. The magnitude of surgery for vascular diseases was obtained from the Swedish vascular register (Swedvasc). RESULTS: The number of patients undergoing arterial procedures increased from 16 628 to 20 709 (p = .01). There was an increase of 54% in the number of negligence claims between the periods. In Period A, the number of compensated claims was 22 out of 83 (29%) and in Period B 60 out of 151 (41%) (p = .06). Patients treated for aortic disorders and peripheral arterial surgery received compensation with increasing frequency whereas carotid diseases decreased. Claimants treated for aortic disorders were compensated in four out of 23 (17%) and 21 out of 54 (39%) in the two periods (p = .07), and after lower limb arterial surgery in six out of 34 (18%) and in 24 out of 71 (34%) (p = .09). After carotid surgery the corresponding figures were 12 out of 26 (46%) and 14 out of 25 (46%) (p = .48). The increasing use of endovascular procedures (but not in carotid artery surgery) did not seem to influence the pattern of negligence claims. CONCLUSIONS: Between the two three year periods there has been an increase in negligence claims but not in compensated ones. The increased use of endovascular procedures has not influenced the pattern of compensated negligence claims.


Assuntos
Doenças da Aorta/cirurgia , Arteriopatias Oclusivas/cirurgia , Procedimentos Endovasculares , Revisão da Utilização de Seguros , Seguro de Responsabilidade Civil , Imperícia , Doenças da Aorta/economia , Arteriopatias Oclusivas/economia , Compensação e Reparação/legislação & jurisprudência , Procedimentos Endovasculares/efeitos adversos , Procedimentos Endovasculares/economia , Procedimentos Endovasculares/estatística & dados numéricos , Humanos , Revisão da Utilização de Seguros/estatística & dados numéricos , Revisão da Utilização de Seguros/tendências , Imperícia/estatística & dados numéricos , Imperícia/tendências , Suécia
9.
Breast ; 46: 1-3, 2019 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-30981031

RESUMO

Medical error is a leading cause of preventable death in the U.S., with diagnostic errors comprising the majority of errors. Delay in diagnosing breast cancer is a unique multidisciplinary phenomenon involving primary care physicians, gynecologists, radiologists, pathologists, and general surgeons. The New York medical malpractice court system remains among the most active court systems in the country. The purpose of this study is to analyze the characteristics of medical malpractice litigation involving breast cancer in New York for the past 10 years. Jury verdicts and settlements from 2007 to 2017 were obtained from a computerized legal database and were analyzed. Data pertaining to defendants, plaintiffs, case outcomes, allegations, and verdicts were collected. The study identified 48 cases of litigation pertaining to breast cancer. Overall, 14 of the verdicts were won by defendants (46.7%). Among the plaintiffs' verdicts and settlements, the median payout was $1.8 million (mean $2.9) overall, $2.6 million (mean $4.3) for verdicts alone, and $1.68 million (mean $1.9) for settlements. The most commonly named specialty among the defendants was radiology (32) and the second was surgery (15). Inappropriate workup of mammography findings was alleged in 18 cases. The average delay to diagnosis was 13.4 months (sd 7.1). Fourteen cases involved diagnosis at stage 4, nine cases at stage 3, and fifteen at stage 2. The average verdict payout was more than two times higher than the average settlement payout. Errors leading to malpractice claims may be attributable in part to lapses in communication among medical providers involved in the workup of suspicious breast lesions.


Assuntos
Neoplasias da Mama/história , Jurisprudência/história , Imperícia/tendências , Adulto , Bases de Dados Factuais , Feminino , História do Século XXI , Humanos , Pessoa de Meia-Idade , New York
10.
Orthopedics ; 42(2): e260-e267, 2019 Mar 01.
Artigo em Inglês | MEDLINE | ID: mdl-30763449

RESUMO

Orthopedic surgeons frequently encounter medical malpractice claims. The purpose of this study was to assess trends and risk factors in lawsuits brought against orthopedic surgeons using a national legal database. A legal research service was used to search publicly available settlement and verdict reports between 1988 and 2013 by terms "orthopaedic or orthopedic" and "malpractice." Temporal trends were evaluated, and logistic regression was used to identify independent risk factors for case outcomes. A total of 1562 publicly reported malpractice cases brought against orthopedic surgeons, proceeding to trial during a 26-year period, were analyzed. The plaintiffs won 462 (30%) cases, with a mean award of $1.4 million. The frequency of litigation and pay-outs for plaintiffs increased 215% and 280%, respectively, between the first and last 5-year periods. The mean payout for plaintiff-favorable verdicts was highest in pediatrics ($2.6 million), followed by spine ($1.7 million) and oncology ($1.6 million). Fracture fixation (363 cases), arthroplasty (290 cases), and spine (231 cases) were the most commonly litigated procedures, while plaintiffs were most successful for fasciotomy (48%), infection-treating procedures (43%), and carpal tunnel release (37%). When analyzing data by state and region, adjusted for population, northeastern states had a higher frequency of lawsuits. Malpractice liability has increased during the past 3 decades while orthopedic surgeons continue to win most of the cases making it to court. As patients search for medical care via publicly available information, it is important for orthopedic surgeons to understand what aspects of their own practice carry different risks of litigation. [Orthopedics. 2019; 42(2):e260-e267.].


Assuntos
Imperícia/legislação & jurisprudência , Procedimentos Ortopédicos/legislação & jurisprudência , Artroplastia/legislação & jurisprudência , Artroplastia/tendências , Bases de Dados Factuais , Fasciotomia/legislação & jurisprudência , Fasciotomia/tendências , Feminino , Humanos , Modelos Logísticos , Masculino , Imperícia/tendências , Pessoa de Meia-Idade , Procedimentos Ortopédicos/tendências , Cirurgiões Ortopédicos/legislação & jurisprudência , Cirurgiões Ortopédicos/tendências , Ortopedia/legislação & jurisprudência , Ortopedia/tendências , Estudos Retrospectivos , Fatores de Risco , Estados Unidos
11.
Health Aff (Millwood) ; 37(11): 1836-1844, 2018 11.
Artigo em Inglês | MEDLINE | ID: mdl-30395501

RESUMO

To promote communication with patients after medical injuries and improve patient safety, numerous hospitals have implemented communication-and-resolution programs (CRPs). Through these programs, hospitals communicate transparently with patients after adverse events; investigate what happened and offer an explanation; and, when warranted, apologize, take responsibility, and proactively offer compensation. Despite growing consensus that CRPs are the right thing to do, concerns over liability risks remain. We evaluated the liability effects of CRP implementation at four Massachusetts hospitals by examining before-and-after trends in claims volume, cost, and time to resolution and comparing them to trends among nonimplementing peer institutions. CRP implementation was associated with improved trends in the rate of new claims and legal defense costs at some hospitals, but it did not significantly alter trends in other outcomes. None of the hospitals experienced worsening liability trends after CRP implementation, which suggests that transparency, apology, and proactive compensation can be pursued without adverse financial consequences.


Assuntos
Comunicação , Compensação e Reparação/legislação & jurisprudência , Custos e Análise de Custo/estatística & dados numéricos , Imperícia/legislação & jurisprudência , Erros Médicos/legislação & jurisprudência , Hospitais/estatística & dados numéricos , Humanos , Responsabilidade Legal/economia , Imperícia/economia , Imperícia/tendências , Massachusetts , Segurança do Paciente
13.
Orthop Traumatol Surg Res ; 104(8): 1283-1289, 2018 12.
Artigo em Inglês | MEDLINE | ID: mdl-30291032

RESUMO

BACKGROUND: Current trends in patient management include decreasing hospital stay lengths and reductions in available material and human resources. A shortening of hospital stays in university hospitals has been documented over the last decade. However, to our knowledge, no study has assessed possible relationships linking shorter stays to staffing levels or complication rates. The objectives of this study were: 1) to assess changes in case volume in a university orthopaedics and trauma surgery department between 2006 and 2016, 2) and to look for correlations linking these changes to staffing levels and the rates of significant complications, including the number of hip dislocations after total hip arthroplasty (THA) and the number of infections and complications resulting in malpractice litigation after hip, knee, or shoulder arthroplasty. HYPOTHESIS: The case volume increased during the study period, whereas resources remained unchanged or decreased. MATERIAL AND METHODS: A retrospective study was performed using the electronic database of an orthopaedics and trauma surgery department. Data collected between 2006 and 2016 were analysed. Mean hospital stay length, patient age, and surgical volume were recorded, and changes over time in case volume for trauma surgery and scheduled arthroplasties were evaluated. Changes in staffing levels and rates of complications (dislocation after THA and infections and complications resulting in malpractice litigation) between 2006 and 2016 were assessed. Only arthroplasty procedures performed in the department were considered for the study of complications and litigation. RESULTS: Between 2006 and 2016, mean hospital stay decreased from 8.7±10.8 days (range, 0-141 days) in to 7.0±9.4 days (range, 0-150 days). Mean patient age increased from 54.4±21.2 years (range, 11.7-100.9 years) in 2006 to 59.3±20.9 years (range, 13.2-103.1 years) in 2016. The total number of procedures rose from 2158 in 2006 to 3100 in 2016 (+43.6%). The number of THAs increased by 16.2% and the number of total knee arthroplasties by 96.7%. The number of operations for trauma increased from 725 in 2006 to 1135 in 2016 (+56.0%). During the study period, the number of hospital beds declined from 70 to 55. No increase was seen in the frequencies of dislocation after THA (3/284 [1.4%] in 2006 and 4/330 [1.2%] in 2016) or prosthetic joint infection (5/439 [1.1%] in 2006 and 6/657 [0.9%] in 2016). In contrast, malpractice suits filed by patients after arthroplasty increased from 1/439 (0.2%) in 2006 to 8/657 (1.2%) in 2016. CONCLUSION: Over the last decade, trauma and arthroplasty surgical volumes increased substantially, whereas staffing levels remained unchanged and number of beds diminished. The frequency of significant complications such as dislocation after THA did not increase. In contrast, a marked rise was seen in malpractice litigation. However, the increased volume with unchanged resources found in this study should be interpreted in the light of the marked increase in patient dependency and of our role as a referral centre managing patients with complications after surgery performed at other institutions. LEVEL OF EVIDENCE: IV, retrospective observational study.


Assuntos
Luxação do Quadril/epidemiologia , Hospitais Universitários/estatística & dados numéricos , Ortopedia/estatística & dados numéricos , Infecções Relacionadas à Prótese/epidemiologia , Traumatologia/estatística & dados numéricos , Adolescente , Adulto , Idoso , Idoso de 80 Anos ou mais , Artroplastia de Quadril/efeitos adversos , Artroplastia de Quadril/estatística & dados numéricos , Artroplastia de Quadril/tendências , Artroplastia do Joelho/efeitos adversos , Artroplastia do Joelho/estatística & dados numéricos , Artroplastia do Joelho/tendências , Artroplastia do Ombro/efeitos adversos , Artroplastia do Ombro/estatística & dados numéricos , Criança , França/epidemiologia , Número de Leitos em Hospital/estatística & dados numéricos , Departamentos Hospitalares/organização & administração , Departamentos Hospitalares/estatística & dados numéricos , Hospitais Universitários/organização & administração , Humanos , Tempo de Internação/estatística & dados numéricos , Imperícia/estatística & dados numéricos , Imperícia/tendências , Pessoa de Meia-Idade , Ortopedia/organização & administração , Admissão e Escalonamento de Pessoal , Complicações Pós-Operatórias/epidemiologia , Estudos Retrospectivos , Fatores de Risco , Traumatologia/organização & administração , Adulto Jovem
15.
J Vasc Surg ; 68(1): 219-224, 2018 07.
Artigo em Inglês | MEDLINE | ID: mdl-29402665

RESUMO

OBJECTIVE: The standard of care in the treatment of vascular disease continues to evolve as endovascular therapies develop. Currently, it is unclear how medical malpractice litigation has adapted to the "endovascular era." This retrospective case review is the most comprehensive analysis to date of malpractice actions involving endovascular procedures performed by vascular surgeons (VSs), interventional radiologists (IRs), interventional cardiologists (ICs), and cardiothoracic surgeons (CTSs). METHODS: The legal databases LexisNexis and Westlaw were searched for all published legal cases in the United States involving endovascular procedures. The search was limited to state and federal cases up to and including the year 2016. Keywords included "malpractice," "vascular," "endovascular," "catheter," "catheterization," "stent," "angiogram," "angiography," and "surgery." Cases involving tax revenue, insurance disputes, Social Security Disability, and hospital employment contract disputes were excluded. Data were analyzed using χ2 test. RESULTS: There were 2115 initial search results identified, and 369 cases were included in final analysis. The rate of endovascular procedure-related lawsuits (per 1000 active physicians in the specialty) was highest for ICs (105.56), whereas rates for VSs and IRs were comparable (18.47 and 16.85, respectively); 93% of the IC cases were related to coronary interventions. Overall, 55% (148/271 classifiable cases) of actions were related to elective procedures. For VSs specifically, 46% (25/54) of cases arose from diagnostic angiography and inferior vena cava filter placement, two relatively minor procedure types. Overall, 83% (176/211 finalized cases) of verdicts favored defendants, with no significant differences across the specialties; 43% (157/368) of total cases involved death of the patient. Among the four specialties, there was a significant (P = .0004) difference in the primary allegation (informed consent, preprocedure negligence, intraprocedure complications, or postprocedure complications) underlying the litigation. For CTSs and VSs, there was a predominance of informed consent and preprocedure negligence allegations (70% [7/10] and 52% [28/54], respectively). Intraprocedure negligence was the most common allegation for IRs (59% [23/39]), whereas allegations were more evenly distributed among ICs. CONCLUSIONS: Key issues were identified regarding malpractice litigation involving the specialties that commonly perform endovascular procedures. Despite the increasing number of ICs doing peripheral interventions, a large majority of IC cases were related to coronary treatments. A surprisingly large percentage of VS cases were related to seemingly minor cases. There were significant interspecialty differences in the primary underlying allegations. As the scope of endovascular procedures broadens and deepens, it is important for clinicians to be aware of legal considerations relevant to their practice.


Assuntos
Competência Clínica/legislação & jurisprudência , Procedimentos Endovasculares/legislação & jurisprudência , Responsabilidade Legal , Imperícia/legislação & jurisprudência , Erros Médicos/legislação & jurisprudência , Radiologistas/legislação & jurisprudência , Cirurgiões/legislação & jurisprudência , Procedimentos Cirúrgicos Cardíacos/legislação & jurisprudência , Causas de Morte , Distribuição de Qui-Quadrado , Bases de Dados Factuais , Procedimentos Endovasculares/efeitos adversos , Procedimentos Endovasculares/mortalidade , Procedimentos Endovasculares/tendências , Humanos , Consentimento Livre e Esclarecido/legislação & jurisprudência , Imperícia/tendências , Erros Médicos/efeitos adversos , Erros Médicos/tendências , Radiografia Intervencionista , Radiologistas/tendências , Estudos Retrospectivos , Especialização/legislação & jurisprudência , Cirurgiões/tendências , Fatores de Tempo , Estados Unidos
16.
Spine (Phila Pa 1976) ; 43(13): 940-945, 2018 07 01.
Artigo em Inglês | MEDLINE | ID: mdl-29200173

RESUMO

STUDY DESIGN: Retrospective cohort study. OBJECTIVE: Analyze medical malpractice verdicts and settlements associated with incidental durotomy. SUMMARY OF BACKGROUND DATA: Incidental durotomy is a common complication of spine surgery. Although most intraoperative dural tears are repaired without sequelae, persistent Cerebrospinal Fluid leak, infection, or neurological injury can yield adverse outcomes. The medicolegal implications of incidental durotomy are poorly understood. METHODS: Three separate, large legal databases were queried for cases involving incidental durotomy. Case, plaintiff, procedure, and outcome characteristics were analyzed. RESULTS: In total, 48 dural tear-related medical malpractice cases were analyzed. Most cases (56.3%) resulted in a ruling in favor of the defendant physician. Most cases alleged neurological deficits (86.7%). A large majority of cases without neurological sequelae had an outcome in favor of the defendant (83.3%). For cases involving a payment, the average amount was $2,757,298 in 2016 adjusted dollars. Additional surgery was required in 56.3% of cases, a delay in diagnosis/treatment of durotomy was present in 43.8%, and alleged improper durotomy repair was present in 22.9%. A favorable outcome for the plaintiff was more likely in cases with versus without alleged delay in diagnosis/treatment (61.9% vs. 29.6%, P = 0.025) and improper durotomy repair technique (72.7% vs. 35.1%, P = 0.040). Repeat surgery was not associated with favorable outcome for the plaintiff (42.8% cases with reoperation vs. 38.1% without, P = 0.486). CONCLUSION: This analysis of durotomy-associated closed malpractice claims after spine surgery is the largest yet conducted. Durotomy cannot always be considered an entirely benign event, and these findings have several direct implications for clinicians: late-presenting or dehiscent durotomy may be associated with adverse outcomes and subsequent risk of litigation, timely reoperation in the event of durotomy-related complications may not increase surgeon liability, and spine surgeons should be prepared to defend their choice of durotomy repair technique, should dehiscence occur. LEVEL OF EVIDENCE: 3.


Assuntos
Dura-Máter/lesões , Complicações Intraoperatórias/diagnóstico , Complicações Intraoperatórias/etiologia , Imperícia/tendências , Neurocirurgiões/tendências , Procedimentos Neurocirúrgicos/efeitos adversos , Vazamento de Líquido Cefalorraquidiano/diagnóstico , Vazamento de Líquido Cefalorraquidiano/etiologia , Estudos de Coortes , Bases de Dados Factuais/tendências , Feminino , Humanos , Masculino , Imperícia/legislação & jurisprudência , Pessoa de Meia-Idade , Neurocirurgiões/legislação & jurisprudência , Estudos Retrospectivos , Doenças da Coluna Vertebral/diagnóstico , Doenças da Coluna Vertebral/cirurgia
17.
Spine (Phila Pa 1976) ; 43(14): 984-990, 2018 07 15.
Artigo em Inglês | MEDLINE | ID: mdl-29215494

RESUMO

STUDY DESIGN: A retrospective review. OBJECTIVE: This study aimed to determine the factors associated with malpractice litigation in cases involving spine surgery in the United States. SUMMARY OF BACKGROUND DATA: Medical malpractice is of substantial interest to the medical community due to concerns of increased health care costs and medical decision-making for the sole purpose of reducing legal liability. METHODS: The Westlaw online legal database (Thomson Reuters, New York, NY) was searched for verdict and settlement reports pertaining to spine surgery from 2010 to 2015. Data were collected regarding type of procedure, patient age and gender, defendant specialty, outcome, award, alleged cause of malpractice, and factors involved in the plaintiff's decision to file. Initial search queried 187 cases, after which exclusion criteria were applied to eliminate duplicates and cases unrelated to spine surgery, yielding a total of 98 cases for analysis. RESULTS: The verdict was in favor of the defendant in 62 cases (63.3%). Neurosurgeons and orthopedic surgeons were the most common defendants in 29 (17.3%) and 40 (23.8%) of the cases, respectively. A perceived lack of informed consent was noted as a factor in 24 (24.4%) of the cases. A failure to diagnose or a failure to treat was noted in 31 (31.6%) and 32 (32.7%) cases, respectively. Median payments for plaintiff verdicts were nearly double those of settlements ($2,525,000 vs. $1,300,000). A greater incidence of plaintiff verdicts was noted in cases in which a failure to treat (P < 0.05) was cited, a patient death occurred (P < 0.05), or an emergent surgery had been performed (P < 0.01). CONCLUSION: Overall, physicians were not found liable in the majority of spine surgery malpractice cases queried. LEVEL OF EVIDENCE: 4.


Assuntos
Jurisprudência , Imperícia/tendências , Neurocirurgiões/tendências , Cirurgiões Ortopédicos/tendências , Doenças da Coluna Vertebral/epidemiologia , Doenças da Coluna Vertebral/cirurgia , Adulto , Idoso , Idoso de 80 Anos ou mais , Bases de Dados Factuais/tendências , Feminino , Humanos , Consentimento Livre e Esclarecido/legislação & jurisprudência , Masculino , Pessoa de Meia-Idade , Neurocirurgiões/legislação & jurisprudência , Cirurgiões Ortopédicos/legislação & jurisprudência , Estudos Retrospectivos , Estados Unidos/epidemiologia , Adulto Jovem
20.
J Prof Nurs ; 33(4): 271-275, 2017.
Artigo em Inglês | MEDLINE | ID: mdl-28734486

RESUMO

BACKGROUND: Nurse practitioners (NPs) are often identified in medical malpractice claims. However, the use of malpractice data to inform the development of nursing curriculum is limited. The purpose of this study is to examine medical errors committed by NPs. METHODS: Using National Practitioner Data Bank public use data, years 1990 to 2014, NP malpractice claims were classified by event type, patient outcome, setting, and number of practitioners involved. RESULTS: The greatest proportion of malpractice claims involving nurse practitioners were diagnosis related (41.46%) and treatment related (30.79%). Severe patient outcomes most often occurred in the outpatient setting. Nurse practitioners were independently responsible for the event in the majority of the analyzed claims. CONCLUSION: Moving forward, nurse practitioner malpractice data should be continuously analyzed and used to inform the development of nurse practitioner education standards and graduate program curriculum to address areas of clinical weakness and improve quality of care and patient safety.


Assuntos
Educação de Pós-Graduação em Enfermagem/normas , Imperícia/economia , Imperícia/estatística & dados numéricos , Erros Médicos/estatística & dados numéricos , Profissionais de Enfermagem/legislação & jurisprudência , Competência Clínica , Currículo , Erros de Diagnóstico/economia , Erros de Diagnóstico/estatística & dados numéricos , Erros de Diagnóstico/tendências , Humanos , Imperícia/tendências , Erros Médicos/economia , National Practitioner Data Bank/estatística & dados numéricos , Profissionais de Enfermagem/normas , Avaliação de Resultados em Cuidados de Saúde/estatística & dados numéricos , Qualidade da Assistência à Saúde , Estudos Retrospectivos , Estados Unidos
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