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1.
Georgian Med News ; (306): 178-183, 2020 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-33130669

RESUMO

The development of medicine, raising the standards of living and education of the population, along with the increasing level of democratization of society, contribute to the increase of demands on medical practitioners, and the fact that people have legal knowledge, including knowledge related to obtaining medical services, causes an increase in the number of cases of holding medical practitioners liable for their offences. Therefore, this research paper deals with the explanation of human rights, as well as the description of a person's right to health care in the context of the general rights stipulated by the Constitution. In addition, the degree of coverage of the chosen topic of research by domestic scholars and the necessity of its further consideration was determined. At the same time, an insight into the history is provided, where the first cases of holding doctors liable are stated and their punishment is determined. The next step in the study is to determine the nature of legal liability and adapt general definition to the needs of the medical industry. The paper also describes the components of the concepts of medical staff, and identifies two areas of their liability: legal and moral. Continuing the line of research, the types of legal liability are considered: criminal, civil law and administrative, as well as moral liability in the form of disciplinary liability. The peculiarities of holding criminally liable are outlined, the structure of crimes which are committed under this category, the number of criminal cases against medical practitioners initiated in 2019 are analysed, and the possible types of liability for their commission are indicated. In addition, the nature and extent of liability for civil and administrative crimes are revealed, as well as the nature of disciplinary liability and the possibility of holding medical practitioners liable. The prospects of reforming the medical sector in terms of the establishment of medical self-government bodies have been identified, which, among other things provided by the legislation, are planned to be assigned the function of resolving cases of offences in the medical sphere. Based on the results of the study, sound conclusions were drawn.


Assuntos
Responsabilidade Legal , Imperícia , Assistência à Saúde , Serviços de Saúde , Humanos , Ucrânia
6.
Tex Med ; 116(8): 38-40, 2020 Aug 01.
Artigo em Inglês | MEDLINE | ID: mdl-32866276

RESUMO

Under Texas law, physicians treating COVID-19 patients in a volunteer capacity have potential defenses against lawsuits that might arise from that care. But for non-volunteer physicians on the COVID battlefield - often working in harrowing, overloaded settings, high on patient count and low on equipment - the same liability shields don't exist. And with a resurgence in COVID-19 cases and hospitalizations taking hold in June, the Texas Medical Association continued its pandemic-long push to extend liability protections to all frontline physicians, volunteer or not.


Assuntos
Infecções por Coronavirus , Responsabilidade Legal , Pandemias , Administração dos Cuidados ao Paciente , Médicos , Pneumonia Viral , Betacoronavirus , Infecções por Coronavirus/epidemiologia , Infecções por Coronavirus/terapia , Humanos , Seguro de Responsabilidade Civil/legislação & jurisprudência , Determinação de Necessidades de Cuidados de Saúde , Administração dos Cuidados ao Paciente/ética , Administração dos Cuidados ao Paciente/legislação & jurisprudência , Administração dos Cuidados ao Paciente/métodos , Médicos/ética , Médicos/legislação & jurisprudência , Pneumonia Viral/epidemiologia , Pneumonia Viral/terapia , Texas/epidemiologia , Voluntários/legislação & jurisprudência
7.
Rev Prat ; 70(1): 25-27, 2020 Jan.
Artigo em Francês | MEDLINE | ID: mdl-32877024

RESUMO

Medical liability: until when? A doctor who commits a fault in the exercise of his activity is likely to be held liable several years after his patient has been cared for. While civil and criminal liabilities are subject to limitation periods, disciplinary action against a liberal health professional is imprescriptible. The possibility of litigation several years after the harmful event requires health professionals to adapt their policies on the storage of medical records, which constitute a central means of proof in the event of litigation.


Assuntos
Criminosos , Imperícia , Médicos , Pessoal de Saúde , Humanos , Responsabilidade Legal
8.
J Law Med ; 27(4): 877-894, 2020 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-32880406

RESUMO

The article investigates the legal regime of restrictive measures introduced in Russia due to the COVID-19 pandemic and provides statistical data on the spread of the infection. It describes special administrative violations and criminal offences first introduced during the pandemic: violation of therapeutic and epidemiological rules, dissemination of false information, and failure to follow the procedures introduced during the high-alert regime. Judicial and investigative practice is analysed. The most frequent violations of the legislation establishing requirements and restrictions to organisations and individuals during the spread of the new coronavirus infection are identified and issues of classification and differentiation of administrative and criminal liability for violation of sanitary and epidemiological rules and dissemination of false information about COVID-19 are addressed. Judgments by the Russian Supreme Court ensuring a uniform approach to court cases in all Russian regions are analysed.


Assuntos
Infecções por Coronavirus/epidemiologia , Pandemias , Pneumonia Viral , Betacoronavirus , Humanos , Responsabilidade Legal , Federação Russa
9.
J Law Med ; 27(4): 967-980, 2020 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-32880413

RESUMO

Between 1975 and 1985, the chemicals that make up Agent Orange were used by the Western Australian government in weed-spraying programs across the Kimberley region. A majority of weed-sprayers hired by the government were Aboriginal and worked without personal protective equipment. A large number of former sprayers have died or deal with negative health consequences as a result, yet few sprayers have ever been compensated. This article explores alternative mechanisms for compensating the former sprayers and their families through a two-part question: (1) how were 2,4-dichlorophenoxyacetic acid and 2,4,5-tri-chloro-phenoxy-acetic acid made available for use by Commonwealth and State governments; and (2) were government bodies negligent in allowing the use of these chemicals?


Assuntos
Responsabilidade Legal , Grupo com Ancestrais Oceânicos , Agente Laranja , Austrália , Humanos
10.
Leg Med (Tokyo) ; 47: 101747, 2020 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-32673991

RESUMO

Mycobacterium Chimaera is a microorganism that can cause nosocomial infections particularly in patients undergoing cardiac surgery. The specific case presented herein shows an original clinical presentation of the infection: sudden unilateral deafness as a result of septic embolization. Medico-legal experts appointed by the court in a civil liability dispute analyzed the case and submitted their expert opinion. This article analyzes the peculiar and innovative aspect of professional liability that can be attributed to the healthcare facility and the manufacturer of the equipment used in the operating room from a medical-legal point of view.


Assuntos
Procedimentos Cirúrgicos Cardíacos/efeitos adversos , Infecção Hospitalar/complicações , Infecção Hospitalar/microbiologia , Embolia/etiologia , Prova Pericial/legislação & jurisprudência , Perda Auditiva Súbita/etiologia , Responsabilidade Legal , Infecções por Mycobacterium não Tuberculosas/complicações , Infecções por Mycobacterium não Tuberculosas/microbiologia , Mycobacterium , Sepse/etiologia , Contaminação de Equipamentos , Humanos , Masculino , Pessoa de Meia-Idade
11.
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
12.
Sci Justice ; 60(4): 311-312, 2020 07.
Artigo em Inglês | MEDLINE | ID: mdl-32650933

RESUMO

In the context of the COVID-19 pandemic, it is important not to forget, when the emergency is controlled or even over, that those who today are defined in all Countries as "heroes" could in the future be called to answer for alleged damage from professional liability. It is necessary to be prepared, both as health professionals and from a legal and governmental point of view, for a surge of professional liability claims which, with high probability, will begin to emerge in the coming months.


Assuntos
Controle de Doenças Transmissíveis/legislação & jurisprudência , Infecções por Coronavirus/epidemiologia , Pessoal de Saúde/legislação & jurisprudência , Responsabilidade Legal , Pandemias/estatística & dados numéricos , Pneumonia Viral/epidemiologia , Controle de Doenças Transmissíveis/métodos , Infecções por Coronavirus/prevenção & controle , Feminino , Previsões , Humanos , Masculino , Pandemias/prevenção & controle , Pneumonia Viral/prevenção & controle , Medição de Risco
14.
S Afr Med J ; 110(5): 364-368, 2020 Apr 29.
Artigo em Inglês | MEDLINE | ID: mdl-32657718

RESUMO

In everyday clinical practice, healthcare professionals (HCPs) are exposed to large quantities of confidential patient information, and many use WhatsApp groups to share this information. WhatsApp groups provide efficient mechanisms for clinical management advice, decision-making support and peer review. However, most HCPs do not fully understand the legal and ethical implications of sharing content in a WhatsApp group setting, which is often thought to be hosted on a secure platform and therefore removed from public scrutiny. In our paper, we unpack the legal and ethical issues that arise when information is shared in WhatsApp groups. We demonstrate that sharing content in this forum is tantamount to the publication of content; in other words, those who share content are subject to the same legal ramifications as a journalist would be. We also examine the role of the WhatsApp group administrator, who bears an additional legal burden by default, often unknowingly so. We consider the recommendations made by the Health Professions Council of South Africa in their guidelines for the use of social media, and highlight some areas where we feel the guidelines may not adequately protect HCPs from the legal repercussions of sharing content in a WhatsApp group. Finally, we provide a set of guidelines for WhatsApp group users that should be regularly posted onto the group by the relevant group administrator to mitigate some of the legal liabilities that may arise. We also provide guidelines for group administrators.


Assuntos
Responsabilidade Legal , Aplicativos Móveis/ética , Aplicativos Móveis/legislação & jurisprudência , Tomada de Decisão Clínica , Comunicação , Confidencialidade/legislação & jurisprudência , Humanos , Revisão por Pares , Mídias Sociais/legislação & jurisprudência , África do Sul
15.
J Bone Joint Surg Am ; 102(13): 1109-1115, 2020 Jul 01.
Artigo em Inglês | MEDLINE | ID: mdl-32618908

RESUMO

Improvements in technology and a push toward value-based health care have poised the telemedicine industry for growth; however, despite the benefits of virtual care, widespread implementation had not occurred until the coronavirus 2019 (COVID-19) pandemic. Powerful barriers have hindered the widespread adoption of telemedicine, including lack of awareness, implementation costs, inefficiencies introduced, difficulty performing physical examinations, overall lack of perceived benefit of virtual care, negative financial implications, concern for medicolegal liability, and regulatory restrictions. Some of these challenges have been addressed with temporary state and federal mandates in response to the COVID-19 pandemic; however, continued investment in systems and technology as well as refinement of regulations around telemedicine are needed to sustain widespread adoption by patients and providers.


Assuntos
Infecções por Coronavirus , Assistência à Saúde/normas , Ortopedia/normas , Pandemias , Pneumonia Viral , Telemedicina , Betacoronavirus , Análise Custo-Benefício , Humanos , Responsabilidade Legal , Ortopedia/economia , Satisfação do Paciente , Medição de Risco , Telemedicina/economia , Telemedicina/normas
18.
Tex Med ; 116(5): 25-27, 2020 May 01.
Artigo em Inglês | MEDLINE | ID: mdl-32645187

RESUMO

Like many broad legislative measures, Texas' 2003 medical liability reforms continue to be a target for opponents long after being signed into law. The Texas Medical Association is fighting again to defend them. The measure under siege this time prevents patients who file negligence or other lawsuits from adding to their damage award through family members' settlements stemming from the same case - that is, no "double-dipping."


Assuntos
Distinções e Prêmios , Responsabilidade Legal/economia , Imperícia/economia , Imperícia/legislação & jurisprudência , Sociedades Médicas/organização & administração , Humanos , Texas
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