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1.
Med Pr ; 71(5): 613-630, 2020 Sep 24.
Artigo em Polonês | MEDLINE | ID: mdl-32969411

RESUMO

In recent years, in Poland, despite the lack of an adverse medical events monitoring system, a sharp increase in the number of complaints to various medical and legal institutions, as well as court cases with a suspicion of a medical error, was found, based on the available reports and statistics, which poses a serious medical and legal. The aim of this study was to review the theoretical and practical issues of medical errors in the medico-legal context on the basis of the current legislation in Poland. This paper presents the conceptual scope and the evolution of terminology, starting from "error in the medical art/craft" up to the currently defined and used concept of "medical error." The problem of medical errors in medico-legal categories, according to Polish legal regulations and ethical standards in medicine, was also considered. Different classifications, as well as the causes and consequence of various medical errors, were analyzed. Based on current literature, Polish judicial decisions were reviewed, and some examples of legal rulings with respect to different categories of medical errors were presented. Given the ambiguity, both in conceptual and categorizing terms, with regard to adverse medical events: errors, negligence, malpractice and omission, it would be justified to adopt an unambiguous definition and classification. Such an arrangement would expand the possibilities of research in the field of etiology of medical errors, and more importantly, prepare such procedures that would maximally protect the patient, and allow the maximum reduction of the number of medical errors and any other adverse events. In addition, specifying the medical, legal and economic standards in medical units, and determining the scope of personal and institutional responsibility for undesirable medical events, would, in turn, improve the processing of claims made by patients or their families, as well as the activities of medical and legal institutions, including doctors appointed as court experts. Med Pr. 2020;71(5):613-30.


Assuntos
Imperícia/classificação , Imperícia/legislação & jurisprudência , Imperícia/estatística & dados numéricos , Erros Médicos/classificação , Erros Médicos/legislação & jurisprudência , Erros Médicos/estatística & dados numéricos , Médicos/estatística & dados numéricos , Terminologia como Assunto , Adulto , Feminino , Humanos , Masculino , Pessoa de Meia-Idade , Polônia
2.
Rep Pract Oncol Radiother ; 19(3): 157-64, 2014 May.
Artigo em Inglês | MEDLINE | ID: mdl-24936334

RESUMO

With society getting older and affected by many diseases, more and more people suffer from severe cognitive disorders. As practice shows, the legal situations of such people is often problematic. This is due to a number of factors, such as short time since the deterioration of patient's condition, initial symptoms ignored, social prejudice towards the idea of incapacitation or taking decisions for a patient, complicated procedures and, sometimes, insufficient knowledge of legal regulations. Cognitive disorders also occur in patients treated for cancer. To be effective, oncological treatment needs to be started as early as possible. This, however, does not meet the criteria of sudden threat to life. The present article relates to both the psychosocial and legal aspects of care of people suffering from intense disorders of memory, attention, problem solving, executive functions, and other. Surely, physicians know how to handle patients with the above dysfunctions. However, legal procedures aimed to protect patients' rights are often unclear and time consuming. In practice, this often amounts to a dilemma whether to treat or follow the applicable law. Certainly, solutions in this regard should be clearer and better adapted to the needs arising from specific treatment needs of particular groups of patients.

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