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1.
JAMA ; 328(17): 1695-1696, 2022 11 01.
Artigo em Inglês | MEDLINE | ID: mdl-36318123

RESUMO

This Viewpoint discusses the ways in which the Supreme Court's ruling in Dobbs v Jackson Women's Health Organization, which triggered abortion bans or restrictions in half of states, presents serious legal risks to clinicians and major ethical dilemmas.


Assuntos
Aborto Induzido , Acesso aos Serviços de Saúde , Médicos , Decisões da Suprema Corte , Feminino , Humanos , Gravidez , Aborto Induzido/ética , Aborto Induzido/legislação & jurisprudência , Aborto Legal/ética , Aborto Legal/legislação & jurisprudência , Ética Médica , Responsabilidade Legal , Princípios Morais , Médicos/ética , Médicos/legislação & jurisprudência , Estados Unidos , Acesso aos Serviços de Saúde/ética , Acesso aos Serviços de Saúde/legislação & jurisprudência
2.
AANA J ; 90(6): 455-461, 2022 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-36413191

RESUMO

This article presents data on anesthesia cases filed with the Maryland Health Claims Alternative Dispute Office between 1994 and 2017, a publicly available resource that includes all anesthesia-related claims filed in Maryland, regardless of whether they were reported to any national claims repository. Analysis of anesthesia malpractice claims offers critical information that can both decrease legal liability and improve patient outcomes for those receiving anesthesia. A total of 276 claims were filed. Variables under investigation included venue, types of surgery, legal cause of action, trends, and outcomes. Types of anesthesia-related claims included the administration of general anesthesia (59.8%), monitored anesthesia care (14.9%), pain management (10.9%), epidural/spinal anesthesia (9%), nerve blocks (2.9%), and local anesthesia infiltration (2.6%). Most cases (39.5%) involved failure to adequately monitor the patient. Inadequate perioperative care was alleged as the cause of action in 68.8% of cases. Major adverse patient outcomes were death (38.8%), brain damage (21%), and permanent nerve damage (14.9%). Understanding the events that lead to legal action can assist anesthesia providers to focus on ways to improve their practice.


Assuntos
Anestesia Epidural , Anestesiologia , Imperícia , Humanos , Maryland , Responsabilidade Legal
3.
Medicine (Baltimore) ; 101(46): e31564, 2022 Nov 18.
Artigo em Inglês | MEDLINE | ID: mdl-36401388

RESUMO

Medical malpractice leads to medical criminal liability and claims. The national data of medical criminal liabilities across various specializations, before and after the Medical Care Act amendment, was lacking in Taiwan. The aim of this study is to clarify the impact of the law amendment. A comprehensive retrospective analysis of medical crimes was conducted from January 2001 to December 2020 in Taiwan. The number of medical criminal litigation, defendants, people who plead guilty, conviction rate, and punishment sentences were analyzed. Additionally, the number of practicing physicians in the year was used as the baseline to determine the rate of the accused and guilty rate per 10,000 physician-years, respectively. From 2001 to 2020, there were 249 criminal litigations of medical professionals, which gave rise to 335 defendants. The proportion of defendants by specialization was 19.1% in internal medicine, 26.3% in surgery and orthopedics, 11.9% in obstetrics and gynecology, 3.3% in pediatrics, 25.7% in physicians (who were not related to the aforementioned 4 specializations), and 13.7% in non-physician staff. After the amendment to the Medical Care Act in 2017, the accused rates per 10,000 physician-years decreased significantly in aggregate and by specialization between 2016 and 2020; the guilty rate per 10,000 physician-years during 2016 to 2020 was the minimum, compared to the past. The amendment to the Medical Care Act in 2017 reduced the number of vexatious criminal proceedings. The amendment also reduced criminal liabilities by reducing the guilty rate during 2016 to 2020, compared to the previous period.


Assuntos
Imperícia , Humanos , Feminino , Gravidez , Criança , Estudos Retrospectivos , Taiwan , Responsabilidade Legal , Problemas Sociais
5.
Front Public Health ; 10: 1000488, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36225785

RESUMO

Background: China has recently upgraded its anti-sexual harassment laws and regulations. The first-ever Chinese Civil Code, which took effect in 2021, has explicitly defined sexual harassment and imposed affirmative duties on employers to prevent and correct work-related sexual harassment. This study aims to map the status quo of China's anti-sexual harassment legal system and explore its progress and limits in dealing with workplace sexual harassment. Methods: We reviewed China's anti-sexual harassment laws at the national, provincial, and municipal levels and observed how they were enforced in courts. All judicial cases of workplace sexual harassment published by Chinese courts between January 2021 and June 2022 were examined. From a comparative law perspective, we then identified the progress and drawbacks of China's legislative and judicial responses to workplace sexual harassment. Results: China's current anti-sexual harassment legal system, while have made commendable progress, has its drawbacks: the definition of sexual harassment remains to be clarified and expanded to make it clear that sexual harassment is a form of gender discrimination and can include hostile environment harassment that is not directed against a specific person; the employer's obligations to prevent and correct sexual harassment need further delineation; employers lack guidelines for establishing a fair and effective grievance procedure; the difficulty of proving sexual harassment in litigation remains unsolved; the employer liability doctrine for sexual harassment lacks clarity; workers not in a traditional employment relationship receive inadequate legal protection from work-related sexual harassment. Conclusions: The issues mentioned above merit consideration in China's future law revisions and judicial practice. In China and other societies where gender inequality remains high, it is recommended to regulate sexual harassment as a form of discrimination and to set clear compliance standards for employers in preventing and correcting sexual harassment.


Assuntos
Assédio Sexual , Local de Trabalho , China , Emprego , Humanos , Responsabilidade Legal , Assédio Sexual/prevenção & controle
6.
MMW Fortschr Med ; 164(17): 36-37, 2022 10.
Artigo em Alemão | MEDLINE | ID: mdl-36198963
8.
PLoS One ; 17(10): e0276418, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36279296

RESUMO

Widespread pesticide drift issues ensued from the advent of dicamba-tolerant crop systems in the late 2010s, resulting in millions of acres of damaged farmland. Farmers who suffered drift-related losses in crop yield had to seek recovery in state courts. However, state courts varied in their approaches to drift lawsuits and remedies, if awarded, could include damage awards or injunctions. To demonstrate the need for a more transparent judicial process, this paper identifies three torts commonly advanced as causes of actions in drift cases and creates theoretic-game models to evaluate each tort's impact on farmers' decision-making and economic outcomes.


Assuntos
Responsabilidade Legal , Praguicidas , Humanos , Dicamba , Fazendeiros , Agricultura
9.
Am J Nurs ; 122(11): 32-38, 2022 Nov 01.
Artigo em Inglês | MEDLINE | ID: mdl-36201381
12.
JAMA ; 328(14): 1391-1392, 2022 10 11.
Artigo em Inglês | MEDLINE | ID: mdl-36136366

RESUMO

This Viewpoint examines the murky legal treatment of various health-related wearable or other general wellness products for patients, physicians, and manufacturers, and recommends solutions.


Assuntos
Responsabilidade Legal , Dispositivos Eletrônicos Vestíveis , Seguro de Responsabilidade Civil
13.
J Environ Public Health ; 2022: 9631782, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-35910752

RESUMO

In order to further curb the damage to the ecological environment from the perspective of legal synergistic supervision, a synergistic analysis method between the ecological protection environmental law and the ecological Civil Code is proposed. Coordinated supervision, with the new Civil Code as the research background, from the perspective of interpretation, explores the solution to the problem of "ecological environmental damage" in the newly promulgated Civil Code for behavior that damages the ecological environment. The research results believe that, from the perspective of rights, environmental rights should be regarded as the concentrated expression of rights in the sense of private law in the ecological environment law. Article 1234 of the Tort Liability Section stipulates that "the state-specified agency or the law-specified organization" as the representative of environmental public interests proposes damage. The request resolves the legitimacy of relevant agencies and organizations as civil subjects to represent environmental public interests. Finally, it clearly stipulates the responsibility for ecological restoration, expands the way of undertaking tort liability caused by environmental damage, and solves the problem that it was limited to "restoration" in the past and could not be actually performed.


Assuntos
Meio Ambiente , Responsabilidade Legal , Humanos
16.
J Healthc Risk Manag ; 42(2): 26-30, 2022 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-35980606

RESUMO

In the world of health care litigation it has become clear that medical malpractice cases now contain two claims-one on the medicine and one on the electronic health record (EHR). Two years of contentious discovery motions over the production of a complete copy of the EHR and audit trail in a case involving the delivery of a baby recently resulted in a nightmare scenario for a large health care system: sanctions in the form of an order entering judgment of liability in favor of the patient. The order was entered before depositions on the medicine were ever held. The decision in Prieto v. Rush University Medical Center (RUMC), et al. is the premiere example why patients' lawyers are focused on the audit trail. In this case, they were able to secure a legal victory without even litigating the underlying facts of the case.


Assuntos
Responsabilidade Legal , Imperícia , Humanos , Lactente , Advogados
17.
J Healthc Risk Manag ; 42(2): 44-50, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-36031771
20.
Curr Opin Gastroenterol ; 38(5): 467-471, 2022 09 01.
Artigo em Inglês | MEDLINE | ID: mdl-35881965

RESUMO

PURPOSE OF REVIEW: Medical liability is a perennial issue that most physicians will face at some point in their careers. Gastroenterologists routinely perform endoscopic procedures to aid in the diagnosis and treatment of their patients. Advances in endoscopic techniques and technology have accelerated movement of the field into a more surgical realm. These developments warrant consideration of pitfalls that may expose gastroenterologists to liability. This review will explore trends in malpractice facing gastroenterologists and offer strategies to deliver high quality and safe patient care. RECENT FINDINGS: Despite being a procedure-oriented subspeciality, only a minority of malpractice claims against gastroenterologists are related to procedures. Diagnostic error is among the most prevalent reason for lawsuits. The consequences of malpractice are costly due litigation and indemnity as well as the increase in defensive medical practice. Improving diagnostic quality, optimizing informed consent, and enhancing patient-physician communication are important elements of risk mitigation. SUMMARY: Understanding the important role that diagnosis plays in medical liability allows physicians to better evaluate risk and apply deliberate decision-making in order to practice confidently.


Assuntos
Imperícia , Médicos , Endoscopia Gastrointestinal/efeitos adversos , Humanos , Responsabilidade Legal
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