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2.
Clin Ter ; 172(5): 425-426, 2021 Sep 29.
Artigo em Inglês | MEDLINE | ID: mdl-34625773

RESUMO

Abstract: The present letter is in response to the article entitled "The Italian Supreme Court Joint Sections set forth the interpretative underpinnings of the "Gelli-Bianco" law: varying degrees of guilt aimed at limiting medical liability, article 2236 c.c. makes a comeback", which was published on the second file of 2020. Aim is to state that art. 2236 c.c., as interpreted by the Supreme Court, can allow to overcome the limitations proved by the Gelli-Bianco law related to penal liability, so as to take to an end the season of cultural change started by the Balduzzi decree in 2012.


Assuntos
Culpa , Responsabilidade Legal , Humanos , Itália
3.
Artigo em Inglês | MEDLINE | ID: mdl-34639255

RESUMO

Civil liability represents one of the main responsibilities for healthcare facilities; it is the legal responsibility of paying money for damage to a person's health. Even though this responsibility plays a key role in the economic sustainability of healthcare facilities, the literature does not enough investigate this responsibility in regional health services. The paper aims to define the evolution of compensation models for health civil liability adopted by regional health services. Through a longitudinal case study, the paper investigates the compensation model by a leading regional health service. The finding highlights the evolution of the compensation model for health civil liability adopted by a leading Regional Health Service from 1990 to 2021. It describes a transition from an insurance model to a mixed model based on self-coverage up to a set economic level, an insurance policy with self-insurance retention and deductible for all claims. The research contributes to the literature and practice throughout the definition of a compensation model for damages based on self-insurance of regional health service and insurance policies. The research promotes a compensation model used by a leading regional health service.


Assuntos
Seguro , Responsabilidade Legal , Compensação e Reparação , Serviços de Saúde , Humanos
4.
J Law Med Ethics ; 49(3): 500-502, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34665093

RESUMO

On January 3, 2019, U.S. District Judge Theodore D. Chuang of the U.S. District Court of the District of Maryland took a crucial first step in redressing one of the worst human subjects research ethics violations in U.S. history.


Assuntos
Aborto Induzido , Preparações Farmacêuticas , Direitos Civis , Feminino , Direitos Humanos , Humanos , Jurisprudência , Responsabilidade Legal , Maryland , Gravidez , Governo Estadual
5.
Rom J Morphol Embryol ; 62(1): 319-323, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34609439

RESUMO

In Romania, the term dental malpractice is relatively new compared to medical malpractice. The common premises that underlie these iatrogenics have made doctors more vigilant about treatment and achieving the desired results. At the same time, the conditions of medical liability are consistent with those of civil liability, namely: damage, wrongdoing, guilt, and causation. To counteract these effects, public attention has been focused in recent years on patients' rights (involving, causes, effects, informed consent of the patient regarding the collection of personal data, informing the patient about the work itself, and possible complications which may occur postoperatively). As a result, the number of reported cases of malpractice has increased markedly in recent years.


Assuntos
Imperícia , Humanos , Consentimento Livre e Esclarecido , Responsabilidade Legal , Direitos do Paciente , Romênia
7.
Isr J Health Policy Res ; 10(1): 54, 2021 09 13.
Artigo em Inglês | MEDLINE | ID: mdl-34517920

RESUMO

BACKGROUND: Following other countries, Israel passed the Vaccine Injury Compensation Law in 1989, which provides for compensation to vaccine recipients who had suffered injuries without proving negligence. In 2021, after deliberations between the ministries of health and of finance Covid-19 vaccines (administered from the beginning of the campaign on December 20, 2020 and up to December 21, 2022) were included within the compensation law. The current study aims to examine the objectives of Israel's Vaccine Injury Compensation Law, at the time of its enactment, and to explore barriers to their fulfillment. These issues are especially relevant in light of the discussions held on the option for liability exemption which excludes the possibility of redress from the Covid-19 vaccine manufacturers in case of injury attributed to the vaccine, and considering the heavy burden of proof required in standard tort law. METHODS: The study employed a qualitative methodology which made use of both content analysis of relevant documents and in-depth interviews. RESULTS: In passing the Vaccine Injury Compensation Law, legislators sought to assist vaccine recipients who had suffered injuries by both lowering their burden of proof as well as establishing a short and efficient procedure for deliberating their claims. Furthermore, legislators believed that the assurance of compensation to vaccine recipients who had suffered injuries would help to encourage a high rate of vaccination compliance. An examination of the law's implementation over time revealed that the aforementioned goals were not attained. CONCLUSIONS: Implementation of the law since its enactment missed the opportunity to fulfill its original purposes to promote public health fundamental principles of fairness and solidarity. In addition, the adversarial proceedings as well as some of the law's provisions have the potential to undermine public trust in the State's willingness to grant compensation for injuries that are attributed to vaccines and thereby subvert the law's pivotal objective of promoting trust and vaccine compliance. We suggest that allowing circumstantial evidence as to an association between vaccine and an injury, transitioning to administrative deliberation, making available to the public details of cases where compensation was awarded, as well as other possible emendations would help it better reflect the values of fairness and solidarity that underlying the law's purpose. These would also promote the level of trust in healthcare authorities which is essential to preserving high vaccine coverage.


Assuntos
Vacinas contra COVID-19/efeitos adversos , Compensação e Reparação/legislação & jurisprudência , Vacinas contra COVID-19/economia , Política de Saúde , Humanos , Israel , Responsabilidade Legal , Aceitação pelo Paciente de Cuidados de Saúde
8.
S Afr Fam Pract (2004) ; 63(1): e1-e6, 2021 08 26.
Artigo em Inglês | MEDLINE | ID: mdl-34476964

RESUMO

BACKGROUND: The coronavirus disease 2019 (COVID-19) pandemic has led to an unprecedented international emergency, resulting in a need to adapt the existing healthcare systems, in order to enable ongoing patient care despite the current disruptions. Telemedicine may be a viable option to continue hospital workflow, however there are barriers to its implementation. We set out to establish what barriers might exist and to assess the viability of teleclinics within the province KwaZulu-Natal (KZN), as perceived by doctors. METHODS: This was a quantitative, observational, survey-based study targeted at medical doctors working in both the public as well as the private healthcare sector in University of KwaZulu-Natal (UKZN). RESULTS: One hundred and forty-seven (147) responses were included. The majority (86%) of respondents felt that telemedicine could provide a useful means to continuing hospital workflow, however, only 47% believed that it was a viable option for their unit. The major barrier identified was a feeling that doctors would-be at-increased medico-legal risk. Only 38.4% of doctors were familiar with the Health Professions Council of South Africa (HPCSA) guidelines on telemedicine usage. Other major barriers included: doctors feeling uncomfortable with not seeing a patient in person or not being able to perform a thorough physical examination. Other reasons identified as potential barriers were doctors foreseeing difficulty in accessing patient medical records and the absence of available systems to order investigations without the patient being physically present. CONCLUSION: Telemedicine is currently not widely utilised in KZN; although most doctors were of the opinion that it could be a useful tool in order to continue the workflow during the pandemic. The major barrier identified were issues surrounding medico-legal coverage.


Assuntos
Atitude do Pessoal de Saúde , Corpo Clínico Hospitalar/psicologia , Consulta Remota/métodos , Telefone , COVID-19/epidemiologia , Feminino , Pesquisas sobre Serviços de Saúde , Humanos , Responsabilidade Legal , Masculino , Registros Médicos , Pandemias , Guias de Prática Clínica como Assunto , SARS-CoV-2 , África do Sul/epidemiologia
9.
Aerosp Med Hum Perform ; 92(7): 588-592, 2021 Jul 01.
Artigo em Inglês | MEDLINE | ID: mdl-34503633

RESUMO

INTRODUCTION: U.S. airlines often request a healthcare professional to volunteer to assist an ill passenger. Litigation from a Good Samaritans care of an in-flight medical emergency (IME) is considered improbable. The 1998 Aviation Medical Assistance Act (AMAA) encourages health care professionals to volunteer with indemnity for standard and good medical care. It does not offer legal or financial assistance. Our review explored the legal support malpractice companies and U.S. airlines provide if litigation is initiated for IME care. Malpractice insurance policies can differ on IME coverage. We found most private practice physicians policies include IME. Medical institutions may have policies restricting their physicians coverage to the institutions location. Those without malpractice coverage will need to retain and pay for a legal defense to demonstrate no gross negligence and no willful misconduct. The physicians, airline crews, and on-ground IME documentation support should be retained by the Good Samaritan especially for a pediatric or adolescent ill passenger. U.S. airlines consider a Good Samaritan medical volunteer as a passenger and do not extend legal assistance. This contrasts with some foreign airlines that do provide liability protection. Knowledge of the malpractice policy IME coverage is essential prior to traveling by air. After completing care for an ill passenger, physicians should generate their medical documentation and request the IME documentation generated by the airline and on-ground medical expert. We also believe U.S. airlines should assume responsibility to provide legal assistance to a Good Samaritan physician in the event of IME litigation.de Caprariis PJ, Di Maio A. Medical legal implications when providing emergency care on a commercial flight. Aerosp Med Hum Perform. 2021; 92(7):588592.


Assuntos
Serviços Médicos de Emergência , Médicos , Adolescente , Criança , Emergências , Tratamento de Emergência , Humanos , Responsabilidade Legal
10.
Arch Esp Urol ; 74(7): 637-638, 2021 Sep.
Artigo em Espanhol | MEDLINE | ID: mdl-34472430

RESUMO

Recientemente, Carrión et al. (1) publicaban un acertado análisis sobre el uso de la telemedicina (TM) en urología en el contexto de la pandemia por COVID-19. El escenario de emergencia durante la pandemia debida al SARS-CoV-2 ha propiciado un uso exponencial de la TM que ha permitido mantener el acceso y la continuidad de la atención a los pacientes y apoyar a los profesionales de primera línea, optimizando los servicios presenciales y minimizando las infecciones por transmisión del COVID-19 (2).


Assuntos
COVID-19 , Telemedicina , Urologia , Humanos , Responsabilidade Legal , SARS-CoV-2
11.
Rev Med Chil ; 149(2): 263-267, 2021 Feb.
Artigo em Espanhol | MEDLINE | ID: mdl-34479272

RESUMO

This paper deals with the relevance of bioethical guidelines for the prioritization of patient care. These guidelines should guide health professionals' triage procedures in exceptional situations of resource shortage. Also, they would contribute to evaluate the legal liability of professionals in these situations.


Assuntos
Pessoal de Saúde , Pandemias , Atenção à Saúde , Humanos , Responsabilidade Legal , Triagem
13.
Curr Pharm Biotechnol ; 22(15): 1971-1984, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34530704

RESUMO

BACKGROUND: In recent decades, in the field of healthcare, awareness of the problems inherent to the quality has steadily increased. Currently, the evaluation of healthcare activities is one of the ways in which health systems regulate internal relationships and define strategic decisions. OBJECTIVE: The study aims to describe in detail the entire process of developing a group of Key Performance Indicators for monitoring and implementing the management of litigation due to medical liability. Particularly, the objective is to centralize and standardize the indicators to provide scientifically reliable data on claims management to hospital professionals responsible for strategic choices. METHODS: The study was conducted to analyze data relating to the claims management at Umberto I General Hospital in Rome from 2012 to 2018. All claims reported were classified according to a selection of the categories coded in the International Classification for Patient Safety system, the economic features, and the chronological references of the main management extrajudicial and judicial phases. The Process Analysis Method was followed to develop significant indicators for measuring the performance and the quality of claims management. RESULTS AND CONCLUSION: The results obtained demonstrate how the assessment of performance in claims management can potentially lead to greater risk control with significant repercussions in terms of reduction of disputes, speed in settling claims, reduction of management times, planning of loss prevention measures, and implementation of quality of care.


Assuntos
Atenção à Saúde , Responsabilidade Legal , Hospitais , Humanos
14.
Curr Opin Ophthalmol ; 32(5): 494-497, 2021 Sep 01.
Artigo em Inglês | MEDLINE | ID: mdl-34397578

RESUMO

PURPOSE OF REVIEW: It is important for ophthalmologists to keep current with up-to-date recommendations for screening, treating, and follow-up of infants with retinopathy of prematurity (ROP). This paper will review updated ROP Safety Net protocols and Policy Statements to stress that following risk management principles can avoid claims that could arise from poor visual outcomes. RECENT FINDINGS: Ophthalmic Mutual Insurance Company (OMIC) has been proactive in ROP risk management with development of the ROP Safety Net in 2006. The most recent updates in 2018 and 2019 address OMIC's claims experience and the factors leading to these claims. Clinical, systems, physician, and parent factors will be clarified. In addition, when to stop ROP screening has evolved and will be delineated and discussed to further aid in the process of care of these high-risk infants. SUMMARY: Ophthalmologists that screen and treat infants with ROP must keep updated with safety net protocols and institute them in their Neonatal Intensive Care Units (NICU) and offices as they take care of these babies to minimize legal risks from a claim. In addition, keeping up with policy statements is essential to successfully following these infants in the most appropriate fashion.


Assuntos
Retinopatia da Prematuridade , Gestão de Riscos , Assistência ao Convalescente/normas , Atenção à Saúde , Humanos , Lactente , Recém-Nascido , Unidades de Terapia Intensiva Neonatal , Responsabilidade Legal , Retinopatia da Prematuridade/diagnóstico , Retinopatia da Prematuridade/terapia , Fatores de Risco , Gestão de Riscos/legislação & jurisprudência , Gestão de Riscos/normas
15.
Am J Law Med ; 47(2-3): 264-290, 2021 07.
Artigo em Inglês | MEDLINE | ID: mdl-34405783

RESUMO

As the coronavirus pandemic intensified, many communities in the United States experienced shortages of ventilators, intensive care beds, and other medical supplies and treatments. Currently, there is no single national response to provide guidance on allocation of scarce health care resources. Accordingly, states have formulated various "triage protocols" to prioritize those who will receive care and those who may not have the same access to health care services when the population demand exceeds the supply. Triage protocols address general concepts of "fairness" under accepted medical ethics rules and the consensus is that limited medical resources "should be allocated to do the greatest good for the greatest number of people."1 The actual utility of this utilitarian ethics approach is questionable, however, leaving many questions about what is "fair" unanswered. Saving as many people as possible during a health care crisis is a laudable goal but not at the expense of ignoring patients's legal rights, which are not suspended during the crisis. This Article examines the triage protocols from six states to determine whose rights are being recognized and whose rights are being denied, answering the pivotal question: If there is potential for disparate impact of facially neutral state triage protocols against Black Americans and other ethnic groups, is this legally actionable discrimination? This may be a case of first impression for the courts to resolve."[B]lack Americans are 3.5 times more likely to die of COVID-19 than [W]hite Americans … . Latinx people are almost twice as likely to die of the disease, compared with [W]hite people." 2 "Our civil rights laws protect the equal dignity of every human life from ruthless utilitarianism … . HHS is committed to leaving no one behind during an emergency, and this guidance is designed to help health care providers meet that goal." - Roger Severino, Office of Civil Rights Director, U.S. Department of Health and Human Services. 3.


Assuntos
COVID-19/etnologia , Direitos Civis/legislação & jurisprudência , Ética Médica , Alocação de Recursos para a Atenção à Saúde/legislação & jurisprudência , Responsabilidade Legal , Triagem/legislação & jurisprudência , Teoria Ética , Humanos , Escores de Disfunção Orgânica , Racismo , SARS-CoV-2 , Discriminação Social , Estados Unidos/epidemiologia
16.
J Forensic Odontostomatol ; 2(39): 15-20, 2021 Aug 30.
Artigo em Inglês | MEDLINE | ID: mdl-34419941

RESUMO

INTRODUCTION: The number of reported dental malpractice cases has increased in recent years. The aim of this study was to analyze the characteristics of Peruvian court sentences related to dental procedures. MATERIALS AND METHODS: In the present descriptive study, 33 sentences issued by the civil court of Peru, from 2011 to 2016 were collected. Useful information from the sentences was extracted and analyzed using the SPSS 18 software. RESULTS: Data showed that dentists were found guilty in 84.8% of sentences due to absence of suitability in dental treatment. Male dentists (61.1%) were involved in more cases than female dentists. Prosthodontics (33.3%) was the dental specialty subject to most claims. CONCLUSIONS: Dentists like other health professionals are regulated by legal rules in the country they practise. As part of dental practice and in order to avoid claims, having a full clinical history and informed consent should be mandatory.


Assuntos
Responsabilidade Legal , Imperícia , Odontólogos , Feminino , Humanos , Consentimento Livre e Esclarecido , Masculino , Peru
17.
G Ital Med Lav Ergon ; 43(2): 93-98, 2021 06.
Artigo em Italiano | MEDLINE | ID: mdl-34370918

RESUMO

SUMMARY: The legal responsibility of the vaccinating doctor is one of the central issues in the current setting of the Covid-19 pandemic. The aim of this statement is to outline the profiles of the medical legal liability, with a focus on the figure of the vaccinating physician, in criminal, civil, and disciplinary terms, based on the Italian legislation in force. The vaccinating doctor responds for his work in the field of vaccination in the same way as any other health service should perform (diagnostic, therapeutic, etc.). Helpful in this context is the adoption of the L. 76/2021; it was developed to find a balance between safeguarding the person privacy and greater guarantees for the doctor. This law introduces a criminal shield that can put a limit to litigation, curbing the phenomenon of so-called defensive medicine. The climate of uncertainty and fear of legal repercussions for the doctors, and the constant updating and redefinition of the indications of operability in the vaccination campaigns, underline the need to focus on the knowledge of the responsibilities and the safeguard of the vaccinating doctors. In addition to the regulatory cornerstones, the statement also addresses the issue of informed consent and the role of the occupational doctor as a central figure in the vaccination campaign in the workplace.


Assuntos
COVID-19/prevenção & controle , Responsabilidade Legal , Médicos/legislação & jurisprudência , Vacinação/legislação & jurisprudência , Vacinas contra COVID-19/administração & dosagem , Humanos , Itália , SARS-CoV-2
18.
J Law Med ; 28(3): 798-812, 2021 Mar.
Artigo em Inglês | MEDLINE | ID: mdl-34369131

RESUMO

Important changes in civil liability laws arose from the Review of the Law of Negligence in Australia undertaken in 2002 (the Ipp Report). One key recommendation of this review was the introduction of a modification of the Bolam Principle: "Medical Practitioners will not be found negligent if the treatment provided is in accordance with a significant body of opinion in the medical profession." This article examines the concept of practitioner competence in medical negligence cases. It also examines the diverse forms of medical evidence used and evaluates whether the changes in laws have altered the legal approach to the use of medical evidence in cases utilising peer professional opinion. This article argues that, despite the amendments in 2002, regulatory concepts of medical competence are little used by the courts. Peer professional opinion utilising medical evidence has played only a minor role in determining the outcome of medical negligence cases.


Assuntos
Responsabilidade Legal , Imperícia , Austrália , Pessoal de Saúde , Humanos
19.
Hu Li Za Zhi ; 68(4): 6-13, 2021 Aug.
Artigo em Chinês | MEDLINE | ID: mdl-34337698

RESUMO

The steady and continued rise in medical-related disputes and lawsuits is one indicator of the myriad risks and challenges faced in today's nursing practice. When nurses become defendants, the lengthy litigation process and pressures that ensue greatly impact their professional and personal lives. Nursing practice dispute categories marked by particularly high severity and frequency over the past ten years include: (1) Failure to operate according to standard procedures, (2) Insufficient nursing sensitivity and negligent care, (3) Failure to communicate and deal with issues promptly and appropriately, (4) Beyond the scope of nursing practice, and (5) Falsification or alteration of nursing records. In this paper, the important duties of care in four major nursing practices are first summarized based on the relevant legal risks. Next, based on this, risk management procedures are prioritized, evidence-oriented nursing routine standards are set, and systematic analysis and management are conducted. In addition, to strengthen the legal awareness of nurses, nursing staffs, supervisors, and institutions must all understand clearly the three types of civil and criminal legal liabilities and their respective administrative responsibilities. Nurses should proactively work to handle the related legal risks and avoid the unpleasant consequences of civil liability in the realms of compensation, criminal punishment for negligent injury and homicide, and administrative disciplinary action.


Assuntos
Imperícia , Enfermeiras e Enfermeiros , Dissidências e Disputas , Humanos , Responsabilidade Legal , Gestão de Riscos
20.
Hu Li Za Zhi ; 68(4): 14-22, 2021 Aug.
Artigo em Chinês | MEDLINE | ID: mdl-34337699

RESUMO

Nurse aides are the most important direct-care providers and are indispensable in caring for hospitalized patients. Most of the hospitalized patients who need care in their daily lives hire nurse aides as regular caregivers. Care work involves numerous risks, and negligent care that results in patient injury may put a nurse aid caregiver at risk of litigation. To help nurse aides better understand their care duties, the concept of risk and prevention in care and three civil lawsuit cases involving negligence in care are presented in this paper. In the legal cases, the nurse aides were found guilty of causing death or injury due to negligence, highlighting that these caregivers did not meet their duty of care in providing care to their patients. These cases are used to analyze the causes of care negligence and the types of negligence and to propose preventive strategies for hospitals, care providers, and nurse aides to implement preventive measures and enforce self-autonomy. In addition, regular government programs focused on inspection, supervision, and accreditation can strengthen the supervision and responsibilities of hospitals. Nurse aides are expected to fulfill their care duties and develop ethical norms as well as internalize these into their personal beliefs as the framework for providing care. It is hoped that nurse aides will understand and fulfill their care duties to prevent patient injury or death due to negligence as part of their duty to protect patient rights.


Assuntos
Imperícia , Assistentes de Enfermagem , Hospitais , Humanos , Responsabilidade Legal
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