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1.
Medicine (Baltimore) ; 99(27): e21134, 2020 Jul 02.
Artigo em Inglês | MEDLINE | ID: mdl-32629748

RESUMO

Implant ruptures may be diagnosed by physical examination, ultrasound (US), and magnetic resonance imaging (MRI). The absence of standard guidelines to approach to implant ruptures may cause unnecessary surgical revisions in the absence of radiological confirmation of prosthetic damages.The purpose of this study was to analyze the diagnostic procedures applied to patients with suspected prosthetic rupture and surgeon choices to perform a revision or to plan a clinical and radiological follow-up.We conducted a retrospective study on 62 women submitted to revision surgery due to radiological diagnosis of suspected implant rupture, following mastectomy or aesthetic reconstruction, and admitted to a Plastic Surgery Department between 2008 and 2018.Seventy-three implants, believed to be ruptured, were explanted. One-third of these were intact and unnecessarily explanted. US associated with MRI evaluation resulted in the most helpful diagnostical method.A standardized clinical and radiological approach is essential to manage breast implant ruptures successfully. An innovative protocol is proposed in order to: ensure the appropriate management of implant ruptures and prevent unnecessary surgical revisions; reduce the risk of claims for medical malpractice in cases of unsatisfactory final aesthetic results or worse than before.


Assuntos
Implantes de Mama/efeitos adversos , Comportamento de Escolha/fisiologia , Mastectomia/efeitos adversos , Cirurgia Plástica/efeitos adversos , Feminino , Hospitalização , Humanos , Responsabilidade Legal/economia , Imagem por Ressonância Magnética/métodos , Imperícia/estatística & dados numéricos , Reoperação/estatística & dados numéricos , Estudos Retrospectivos , Ruptura/complicações , Ruptura/diagnóstico por imagem , Ruptura/cirurgia , Cirurgiões/psicologia , Ultrassonografia/métodos
4.
Br J Nurs ; 29(11): 642-643, 2020 Jun 11.
Artigo em Inglês | MEDLINE | ID: covidwho-591607
5.
Zhonghua Yi Shi Za Zhi ; 50(1): 11-14, 2020 Jan 28.
Artigo em Chinês | MEDLINE | ID: mdl-32564531

RESUMO

Medical appraisal is one of the important means to determine whether there are faults in medical behavior and to deal with medical disputes. The issue of whether the medical lawsuit of traditional Chinese medicine should be submitted to traditional Chinese medicine, western medicine or forensic identification began to be debated since the Republic of China. With the efforts of the traditional Chinese medicine community, the Prescription Appraisal Committee of the National Medical Center of the Republic of China was established, which obtained the peer appraisal right for the lawsuit of traditional Chinese medicine. This paper takes the case of Yan Yulin's negligence causing death, which was sent by Shandong High Court to the National Medical Center in 1937, as an example, to explore the general situation of the identification system of the traditional Chinese medicine litigation in the period of the Republic of China, in order to provide reference for the establishment of the judicial identification system of medical damage in traditional Chinese medicine.


Assuntos
Imperícia/legislação & jurisprudência , Medicina Tradicional Chinesa/normas , China , Hospitais , Taiwan
7.
Br J Nurs ; 29(12): 716-717, 2020 Jun 25.
Artigo em Inglês | MEDLINE | ID: mdl-32579466

RESUMO

John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, discusses how the Courts may view clinical negligence claims brought by families who have lost loved ones during the pandemic.


Assuntos
Infecções por Coronavirus/terapia , Imperícia/legislação & jurisprudência , Pandemias , Segurança do Paciente/legislação & jurisprudência , Pneumonia Viral/terapia , Medicina Estatal/legislação & jurisprudência , Infecções por Coronavirus/epidemiologia , Humanos , Pneumonia Viral/epidemiologia , Reino Unido/epidemiologia
8.
Bull Tokyo Dent Coll ; 61(2): 73-82, 2020 Jul 04.
Artigo em Inglês | MEDLINE | ID: mdl-32522934

RESUMO

The purpose of this study was to elucidate the characteristics of dental malpractice trials undertaken by medical malpractice divisions and ordinary divisions in district courts. Dentistry disputes in a total of 84 trials held between 1977 and 2014 were investigated. A total of 45 were conducted by medical malpractice divisions, resulting in 18 approvals and 27 dismissals, while 39 were undertaken by ordinary divisions, leading to 24 approvals and 15 dismissals. The parameters analyzed comprised category of dental treatment, judgment, amount claimed, and amount accepted. The results revealed that the mean amount claimed in trials held by medical malpractice divisions (¥12,563,324) was lower than that sought in trials conducted by ordinary divisions. The amount accepted was also found to exceed 50% of the amount claimed in 6 trials held by ordinary divisions (maximum 75.2%), but in only 2 trials conducted by medical malpractice divisions (maximum 54.8%); the mean amount accepted in trials held by medical malpractice divisions was 24.2%. These results indicate that judgments in trials conducted by medical malpractice divisions place a stronger emphasis on resolution of dental malpractice dispute than on pursuing truth or carrying out proper legal procedures.


Assuntos
Imperícia
9.
Leg Med (Tokyo) ; 46: 101718, 2020 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-32512463

RESUMO

Regrettably, after a first moment of appreciation and praise of the citizens for healthcare personnel facing COVID 19 pandemia, numerous episodes of actions taken against them on the issue of their legal liability followed. Impelling is to start an argumentation on this problem that aims to establish a shared conduct in dealing with them. The authors propose a basis for discussion on which to begin a constructive debate.


Assuntos
Infecções por Coronavirus/terapia , Responsabilidade Legal , Imperícia/legislação & jurisprudência , Pneumonia Viral/terapia , Betacoronavirus , Humanos , Pandemias
10.
Stud Health Technol Inform ; 270: 489-493, 2020 Jun 16.
Artigo em Inglês | MEDLINE | ID: mdl-32570432

RESUMO

Healthcare spending has been growing at an increasing rate in the US, due in part to medical malpractice costs. Dental malpractice is an area that has not been studied in depth. Using National Practitioner Data Bank (NPDB), we explored the extent of dental malpractice claims and sought to construct a predictive model that can help us identify dental practitioners at risk of performing medical malpractice. Over 1,500 dental malpractice claims were reported annually, and over $1.7 billion being paid out by medical malpractice insurers over the past 15 years. Majority of claims resulted in minor injuries, and the number of major injury claims increased over years. In prediction, we randomly split the data into train (75%) and test (25%) datasets. We trained and tuned models using 5-fold cross validation on the training set. Then, we fitted the model on the test data for performance measures. We used Logistic Regression, Random Forest (RF) and XGBoost and tuned the hypermeters of models accordingly through grid search and cross validation. XGBoost was the best machine learning model to predict the risk of dentists having several malpractice reports. The best performing model had an accuracy of 72.8% with 30.6% F1 score. The NPDB database is a valuable dataset to study dental malpractice claims. Further analysis of information extracted from this dataset is warranted.


Assuntos
Odontólogos , Imperícia , Ciência de Dados , Humanos , National Practitioner Data Bank , Papel Profissional , Estados Unidos
11.
Med Leg J ; 88(2): 90-97, 2020 Jul.
Artigo em Inglês | MEDLINE | ID: mdl-32490743

RESUMO

We consider various types of litigation that may follow the Covid-19 pandemic, including: claims against National Health Service (NHS) Trusts by patients who have contracted the coronavirus (or by their bereaved families), claims by NHS staff against their employer for a failure to provide any or adequate personal protective equipment or testing, commercial claims arising from the procurement of medical supplies, the potential liabilities to those who suffer adverse reactions to any vaccine and the guidance issued by the regulators in relation to subsequent disciplinary action.


Assuntos
Betacoronavirus , Infecções por Coronavirus/epidemiologia , Responsabilidade Legal , Pneumonia Viral/epidemiologia , Contratos/legislação & jurisprudência , Transmissão de Doença Infecciosa/legislação & jurisprudência , Disciplina no Trabalho/legislação & jurisprudência , Emprego/legislação & jurisprudência , Pessoal de Saúde , Humanos , Imperícia/legislação & jurisprudência , Exposição Ocupacional/legislação & jurisprudência , Pandemias , Reino Unido/epidemiologia , Vacinação/legislação & jurisprudência
12.
Hu Li Za Zhi ; 67(3): 56-63, 2020 Jun.
Artigo em Chinês | MEDLINE | ID: mdl-32495330

RESUMO

BACKGROUND: Although medical dispute and other contentious cases involving patients and nurses have risen significantly in recent years, few studies have examined the litigation issues involved in nurse-patient disputes. PURPOSE: This study was designed to explore the background, categories, and degrees of harm to patients and the judgments made by the courts. METHODS: Qualitative research was used. Cases of criminal, written judgments related to nurse practice negligence and recorded in district courts in Taiwan from 2008 to 2017 were selected. Data were analyzed using content analysis. RESULTS: A total of 41 hospitals and 55 nurses were identified. The largest number of cases involved regional hospitals (36.6%), internal medicine departments (31.7%), general wards (46.3%), night shifts (40.0%), and staff nurses (85.5%). Four categories of independent nurse practice negligence were identified, including observation-evaluation, environmental security, physician notification, and nursing records. Negligent homicide (58.2%) was the most common court judgment and ten nurses (18.2%) were found guilty of the charges brought against them. CONCLUSIONS / IMPLICATIONS FOR PRACTICE: The results of this study highlight for nurses the content of nurse practice negligence and the related judgments by the courts, which hopefully may guide nurses to avoid practice negligence in the future.


Assuntos
Dissidências e Disputas/legislação & jurisprudência , Legislação de Enfermagem , Imperícia/legislação & jurisprudência , Relações Enfermeiro-Paciente , Recursos Humanos de Enfermagem no Hospital/legislação & jurisprudência , Humanos , Pesquisa Qualitativa , Taiwan
13.
Br J Nurs ; 29(11): 642-643, 2020 Jun 11.
Artigo em Inglês | MEDLINE | ID: mdl-32516046
14.
J Law Med ; 27(3): 590-600, 2020 Apr.
Artigo em Inglês | MEDLINE | ID: covidwho-270785

RESUMO

The international incidence of health workers being infected with COVID-19 is deeply troubling. Until a vaccine is developed, they are the community's bulwark against the pandemic. It is vital that they be protected to the maximum extent possible. This entails the need for implementation of effective and compassionate protocols to keep their workplace as safe as possible for them, their colleagues and their patients in a context of much as yet not being known about the virus and awareness that some persons infected by it are for a time at least asymptomatic and that others test negative for it when they are prodromal or even already displaying some symptomatology. This has repercussions both for the liability of hospitals and multi-practitioner centres for negligence and also under occupational health and safety legislation. With the commencement of the roll out of biosecurity and disaster/emergency measures by government and escalating levels of anxiety in the general population, it is important to reflect upon the measures that most effectively can be adopted practically and ethically to protect the health and safety of those whose task it is to care for us if we become infected by COVID-19.


Assuntos
Hospitais , Imperícia , Saúde do Trabalhador/legislação & jurisprudência , Pandemias/legislação & jurisprudência , Betacoronavirus , Infecções por Coronavirus , Humanos , Pneumonia Viral
15.
Br J Nurs ; 29(9): 537-538, 2020 May 14.
Artigo em Inglês | MEDLINE | ID: covidwho-270463

RESUMO

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers arrangements for indemnifying nurses returning to practice in the pandemic, and whether nurses might be given immunity from negligence claims.


Assuntos
Infecções por Coronavirus/epidemiologia , Infecções por Coronavirus/enfermagem , Imperícia/legislação & jurisprudência , Pandemias , Pneumonia Viral/epidemiologia , Pneumonia Viral/enfermagem , Medicina Estatal/legislação & jurisprudência , Humanos , Seguro , Papel do Profissional de Enfermagem , Reino Unido/epidemiologia
16.
J Forensic Leg Med ; 72: 101965, 2020 May.
Artigo em Inglês | MEDLINE | ID: covidwho-72156

RESUMO

Within the regime of professional liability of doctors in training, the limits and the medico-legal aspects of their professional duties are not well-defined. The Italian Court of Cassation established in its sentence no. 26311/2019 that resident doctors do not work at hospitals just to receive their professional training. They are, indeed, licensed physicians and therefore bear full responsibility for the acts performed within the compass of their professional activity. The purpose of this article is to briefly define the possible consequences of this judgment.


Assuntos
Internato e Residência/legislação & jurisprudência , Responsabilidade Legal , Imperícia/legislação & jurisprudência , Humanos , Itália , Relações Médico-Paciente , Médicos/legislação & jurisprudência
17.
J Law Med ; 27(3): 590-600, 2020 Apr.
Artigo em Inglês | MEDLINE | ID: mdl-32406623

RESUMO

The international incidence of health workers being infected with COVID-19 is deeply troubling. Until a vaccine is developed, they are the community's bulwark against the pandemic. It is vital that they be protected to the maximum extent possible. This entails the need for implementation of effective and compassionate protocols to keep their workplace as safe as possible for them, their colleagues and their patients in a context of much as yet not being known about the virus and awareness that some persons infected by it are for a time at least asymptomatic and that others test negative for it when they are prodromal or even already displaying some symptomatology. This has repercussions both for the liability of hospitals and multi-practitioner centres for negligence and also under occupational health and safety legislation. With the commencement of the roll out of biosecurity and disaster/emergency measures by government and escalating levels of anxiety in the general population, it is important to reflect upon the measures that most effectively can be adopted practically and ethically to protect the health and safety of those whose task it is to care for us if we become infected by COVID-19.


Assuntos
Hospitais , Imperícia , Saúde do Trabalhador/legislação & jurisprudência , Pandemias/legislação & jurisprudência , Betacoronavirus , Infecções por Coronavirus , Humanos , Pneumonia Viral
18.
J Forensic Odontostomatol ; 1(38): 2-7, 2020 May 15.
Artigo em Inglês | MEDLINE | ID: mdl-32420907

RESUMO

Patient safety and quality of healthcare delivery systems are an objective of WHO. This study aims to present and analyse Portuguese clinical data on risk and malpractice in dental practice. Data from the Forensic Dentistry Laboratory (Faculty of Medicine, University of Coimbra) was analysed, between the years of 2013 to 2018. One hundred and seven technical reports were selected, and seventy nine files were included in the iatrogenic sequelae group. Data included the analysis of the performance of dental professionals. Sequelae were divided in descending order of occurrence:1) mandibular dysfunction (53,2%)[(42)79]; 2) neurological deficit (39,2%)[(31)79]; 3) tooth loss (6,3%)[(5)79]; and 4) opening deficit (1,3%)[(1)79].Three major areas with significant expression in the field of expert evaluations were analysed: 1) orthodontic treatment (51,9%), implant rehabilitation (29,1%), and oral surgery. Given the prevalence of malpractice, the need to assess its causes and recognise standards for its prevention is necessary.


Assuntos
Responsabilidade Legal , Imperícia , Assistência Odontológica , Odontologia Legal , Humanos , Portugal
19.
PLoS One ; 15(5): e0233334, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-32437376

RESUMO

To update the landscape analysis of vaccine injuries no-fault compensation programmes, we conducted a scoping review and a survey of World Health Organization Member States. We describe the characteristics of existing no-fault compensation systems during 2018 based on six common programme elements. No-fault compensation systems for vaccine injuries have been developed in a few high-income countries for more than 50 years. Twenty-five jurisdictions were identified with no-fault compensation programmes, of which two were recently implemented in a low- and a lower-middle-income country. The no-fault compensation programmes in most jurisdictions are implemented at the central or federal government level and are government funded. Eligibility criteria for vaccine injury compensation vary considerably across the evaluated programmes. Notably, most programmes cover injuries arising from vaccines that are registered in the country and are recommended by authorities for routine use in children, pregnant women, adults (e.g. influenza vaccines) and for special indications. A claim process is initiated once the injured party or their legal representative files for compensation with a special administrative body in most programmes. All no-fault compensation programmes reviewed require standard of proof showing a causal association between vaccination and injury. Once a final decision has been reached, claimants are compensated with either: lump-sums; amounts calculated based on medical care costs and expenses, loss of earnings or earning capacity; or monetary compensation calculated based on pain and suffering, emotional distress, permanent impairment or loss of function; or combination of those. In most jurisdictions, vaccine injury claimants have the right to seek damages either through civil litigation or from a compensation scheme but not both simultaneously. Data from this report provide an empirical basis on which global guidance for implementing such schemes could be developed.


Assuntos
Seguro de Responsabilidade Civil , Vacinas/efeitos adversos , Adulto , Criança , Compensação e Reparação , Feminino , Saúde Global , Política de Saúde/economia , Política de Saúde/legislação & jurisprudência , Humanos , Responsabilidade Legal/economia , Masculino , Imperícia/economia , Imperícia/legislação & jurisprudência , Programas Nacionais de Saúde/economia , Programas Nacionais de Saúde/legislação & jurisprudência , Gravidez , Inquéritos e Questionários , Vacinação/efeitos adversos , Vacinação/economia , Vacinação/legislação & jurisprudência , Vacinas/economia , Organização Mundial da Saúde
20.
Surgery ; 168(1): 56-61, 2020 07.
Artigo em Inglês | MEDLINE | ID: mdl-32439206

RESUMO

BACKGROUND: Cholecystectomy is one of the most commonly performed operations in the United States, yet it still carries up to a 6% risk of major morbidity. Lawsuits are a major source of emotional, financial, and personal stress for surgeons. We sought to characterize malpractice claims associated with gallbladder surgery as well as define contributing factors and costs with these claims. METHODS: The Westlaw database (Thomson Reuters Corporation, Toronto, Canada) was queried for jury verdicts and settlements related to cholecystectomy and malpractice between 2000 and 2018. Data were abstracted from the case files and details of the settlements, jury verdicts, and factors related to the claims were assessed. RESULTS: Among 231 cases, a plaintiff verdict was reached in 45 (19.5%) and a defendant verdict was reached in 122 (53%); other cases were either settled (n = 29, 12%), dismissed (n = 31, 13%), or denied (n = 4, 2%). Plaintiff cases often involved young (median age, 44 years [interquartile range: 35-57]) female (n = 146, 63%) patients. The attending surgeon accounted for 59% of defendants. Procedural error (49%), wrongful death (18%), or failure to treat in a timely manner (13%) were the most commonly cited reasons for litigation. Among the 134 cases where a second surgical procedure was performed, the most common types of procedures were biliary tract repair (n = 82, 61%) and bowel repair (n = 16, 12%). The total cost of the claims over the study period was $22 million with a median payout of $500,000; the median time from operative event to final disposition was over 5 years (interquartile range: 4-7). CONCLUSION: A plaintiff verdict or settlement was reached in 1 in 3 cases, and large payouts were common. Minimizing procedural error and improving care of patients after cholecystectomy complications should be emphasized.


Assuntos
Colecistectomia/legislação & jurisprudência , Imperícia/legislação & jurisprudência , Imperícia/estatística & dados numéricos , Adulto , Bases de Dados Factuais , Feminino , Humanos , Masculino , Erros Médicos/legislação & jurisprudência , Erros Médicos/estatística & dados numéricos , Pessoa de Meia-Idade
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