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Malpractice claims

Kyle H Cichos, Michael A Ewing, Evan D Sheppard, Christoph Fuchs, Gerald McGwin, James T McMurtrie, Shawna L Watson, Shin Xu, Charles Fryberger, Dustin K Baker, Reaves M Crabtree, Austin B Murphy, Loy O Vaughan, Jorge L Perez, Brandon A Sherrod, Brad W Edmonds, Brent A Ponce
Orthopedic surgeons frequently encounter medical malpractice claims. The purpose of this study was to assess trends and risk factors in lawsuits brought against orthopedic surgeons using a national legal database. A legal research service was used to search publicly available settlement and verdict reports between 1988 and 2013 by terms "orthopaedic or orthopedic" and "malpractice." Temporal trends were evaluated, and logistic regression was used to identify independent risk factors for case outcomes...
February 14, 2019: Orthopedics
M Novi, C Vanni, P D Parchi, M Di Paolo, N Piolanti, M Scaglione
PURPOSE: Over the years, the number of total hip replacements has been steadily increasing. Despite the improvement in surgical results, the number of claims for malpractice is higher. The primary endpoint of this work is to provide an analysis of litigation after hip replacement, to outline what are the instigating causes and costs. The secondary endpoint is to propose a possible preventive strategy for an improved care and a reduction in legal proceedings. MATERIALS AND METHODS: The data of this study were collected from medical and legal files and from professional liability insurance of our institution from January 2005 to December 2016...
February 13, 2019: Musculoskeletal Surgery
Sebastian A Ahmadi, Hosai Sadat, Kai-Michael Scheufler, Hans-Jakob Steiger, Beate Weber, Thomas Beez
STUDY DESIGN: Retrospective analysis of anonymized malpractice claims. SUMMARY OF BACKGROUND DATA: Spine surgery is considered a high-risk specialty with regards to malpractice claims. However, limited data is available for Germany. We analyzed the rate, subject and legal outcome of malpractice claims faced by spine surgeons in one of the largest Medical Council coverage areas in Germany, representing 60,000 physicians and a population of 10 million. METHODS: Analysis of all malpractice claims regarding spinal surgeries completed by the Review Board (RB) of the North Rhine Medical Council (NRMC) from 2012-2016...
February 8, 2019: Spine Journal: Official Journal of the North American Spine Society
Alexander M Mozeika, Devika Sachdev, Rijul Asri, Nicole Farber, Boris Paskhover
PURPOSE: Medical error in the United States carries substantial economic and safety costs, which manifest in a large number of malpractice suits filed each year. The aim of this study was to characterize the various sociologic and medical factors that influence malpractice suits occurring from cases of facial trauma. MATERIALS AND METHODS: This retrospective cohort study examined defendant data from facial trauma malpractice cases extracted from the Westlaw database, a database composed of representative federal litigations...
January 15, 2019: Journal of Oral and Maxillofacial Surgery
Daniel Shouhed, Catherine Beni, Nicholas Manguso, Waguih William IsHak, Bruce L Gewertz
Importance: Approximately 8% of physicians experience a malpractice claim annually. Most malpractice claims are a result of adverse events, which may or may not be a result of medical errors. However, not all medicolegal cases are the result of medical errors or negligence, but rather, may be associated with the individual nature of the patient-physician relationship. The strength of this relationship may be partially determined by a physician's emotional intelligence (EI), or his or her ability to monitor and regulate his or her emotions as well as the emotions of others...
January 30, 2019: JAMA Surgery
Farnoosh Nik-Ahd, Colby P Souders, Hanson Zhao, Justin Houman, Lynn McClelland, Bilal Chughtai, Jennifer T Anger
There is a lack of information regarding malpractice claims and indemnity payments associated with robotic cases in surgery. Malpractice claims and indemnity payouts will elucidate and mitigate harms of future adoption of new technology into surgery. We analyzed claims filed against Intuitive Surgical, Inc. from 2000 to 2017. A law librarian identified product liability claims from 2000 to 2017 with the defendant "Intuitive Surgical, Inc." using the Bloomberg Law database. We reviewed all available legal documents pertaining to identified claims, and extracted data points including filing date, surgery date, surgery type, robot type, instrument type, complications, and case outcomes...
January 8, 2019: Journal of Robotic Surgery
Rajshri M Gartland, Jordan P Bloom, Zhi Ven Fong, Courtney DeRoo, Kathy Dwyer, Gene Quinn, Keith Lillemoe, Elizabeth Mort
OBJECTIVE: We aimed to study the contributing factors and costs of malpractice claims involving the surgical management of benign biliary disease given the emotional, physical, and financial toll of these claims on patients, providers, and the healthcare system. SUMMARY BACKGROUND DATA: Cholecystectomy complications carry significant morbidity and rank among the leading sources of surgical malpractice claims. METHODS: Using the CRICO Strategies' Comparative Benchmarking System database, representing approximately 30% of all paid and unpaid malpractice claims in the United States, 4081 closed claims filed against general surgeons from 1995 to 2015 were reviewed to isolate 745 cholecystectomy-related claims...
December 20, 2018: Annals of Surgery
David G Deckey, Adam E M Eltorai, Gaurav Jindal, Alan H Daniels
BACKGROUND: Radiologists are increasingly the subject of costly medical malpractice claims. As the field continues to expand to include numerous minimally invasive procedures and diagnostic studies, radiologists are more exposed than ever to medical malpractice. Despite this, little is known on the outcomes of these litigations. METHODS: A retrospective investigation of the VerdictSearch legal claims database was performed, examining litigations involving radiologists' interpretation of neuro-imaging and neurological procedures performed by radiologists (including interventional radiologists and diagnostic neuroradiologists)...
December 22, 2018: Journal of the American College of Radiology: JACR
Lyerla Frank, Jamie Danks
Nursing malpractice claims are escalating, which equates to a higher risk of being named in a lawsuit and possibly defending one's actions in court. The perianesthesia nurse is at particular risk because of patient involvement before, during, and after surgical procedures. To minimize this risk nurses should have a clear understanding of how a malpractice claim proceeds and the common incidents involved. Three perianesthesia case studies are presented that identify potential nursing litigation threats and strategies to reduce those threats...
December 18, 2018: Journal of Perianesthesia Nursing: Official Journal of the American Society of PeriAnesthesia Nurses
Nicholas J Fustino, Margo Wohlfeil, Hayden L Smith
Background: Patient perception of care is positively associated with better medical outcomes, clinician job satisfaction, and fewer malpractice claims and also has significant downstream economic impact for healthcare organizations. A sparse amount of data exists regarding provider and practice characteristics driving high levels of patient experience in the pediatric hematology-oncology (PHO) ambulatory setting. The aims of this study were to determine key drivers of high care provider ratings and of the likelihood of recommending our ambulatory PHO practice...
2018: Ochsner Journal
Filip De Brauwer, C Bertolus, P Goudot, A Chaine
INTRODUCTION: Malpractice lawsuits in medicine and facial surgery are on the rise and they become an influencing factor in everyday practice for any surgeon. AIM: We aim to analyze the possible causes for litigation in an effort to avoid these claims in the future. MATERIALS: One hundred and thirty litigation cases filed over a 10 year period (2005-2015) were evaluated. METHODS: Depending on the expert's opinion it was determined whether the lawsuit was due to actual faulty treatment or either a lack of informed consent or discrepancy between the expected and the final result...
December 14, 2018: Journal of Stomatology, Oral and Maxillofacial Surgery
Ashley Szabo Eltorai
RATIONALE AIMS AND OBJECTIVES: Pulmonary aspiration is a feared complication of anaesthesia that is associated with significant morbidity and mortality. Within the small existing body of literature on medical malpractice claims related to periprocedural aspiration, very little information is available regarding the case-specific factors that were alleged to contribute to each aspiration event. METHODS: This study searched an extensive nationwide database of medical malpractice claims and identified 43 relating to periprocedural pulmonary aspiration...
December 12, 2018: Journal of Evaluation in Clinical Practice
Leyin Zhou, Heng Li, Chong Li, Guohong Li
AIM: Infantile cerebral palsy (CP) severely affects the survival and quality of life of infants. CP is typically caused by multiple factors, leading to causal uncertainty of the role of medical errors in CP and resulting in frequent medical disputes. No relevant research exists on risk management and malpractice liabilities in CP, including in China. METHOD: A retrospective analysis of 400 CP malpractice litigation cases from 18th June 1999 to 23rd November 2017, collected from China Judgments Online, included basic case information, CP risk factors, medical errors, medical malpractice liability determination, and compensation...
November 25, 2018: Journal of Forensic and Legal Medicine
Pınar Yalcin Balcik, Cuma Cakmak
AIM: The aim of this study is to evaluate medical malpractice cases arising from aesthetic services based on the decisions of the Supreme Court. MATERIAL AND METHODS: In the study, compensation and criminal lawsuits finalized by the civil and penal courts of the Supreme Court were examined retrospectively. All the case law decisions were obtained from the official website of the Supreme Court: Nine hundred and eighty-one decisions were obtained after performing a keyword search in the website; after duplicates and unrelated cases were removed, 81 decisions (N = 81) were evaluated...
November 29, 2018: International Journal of Health Planning and Management
Remi A Kessler, Deborah L Benzil, Joshua Loewenstern, Sabrina Chen, Ansh Bhammar, Karan M Kohli, Constantinos G Hadjipanayis, Alan Scarrow, Joshua Bederson, Raj K Shrivastava
BACKGROUND: Medical malpractice litigation is an issue of major concern in neurosurgery, with 19.1% of neurosurgeons facing a claim annually. Neurosurgery possesses the greatest risk of malpractice of any specialty, likely owing to the complex clinical environment and disease severity. In the present study, we have characterized such litigation to determine the common factors that compel plaintiffs to file these claims. METHODS: WestLawNext, a prominent legal database, was used to identify all cases from 1985 to 2016 related to brain tumors...
November 23, 2018: World Neurosurgery
Trevor J Royce, Kathy Dwyer, C Winnie Yu-Moe, Courtney DeRoo, Joseph O Jacobson, Roy B Tishler
BACKGROUND: Medical errors in radiation oncology (RO) practice have received significant national attention over the last decade. Medical errors can lead to malpractice cases. Better characterizing these events can educate providers with the goal of improving patient care. METHODS: The REMOVED FOR BLINDING Comparative Benchmarking System (CBS) represents approximately 30% of all closed US malpractice cases and includes the experience of over 30 academic hospitals...
November 12, 2018: International Journal of Radiation Oncology, Biology, Physics
Sofia Yakren
"Wrongful birth" is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant's negligence, they would have terminated their pregnancy. Accordingly, alongside pro-life activists, disability rights advocates have opposed "wrongful birth" claims for stigmatizing and discriminating against people with disabilities by framing their very existence as a harm...
November 2018: Fordham Law Review
David G Deckey, Adam E M Eltorai, Joseph A Gil, Alan H Daniels
Rotator cuff surgery is a commonly performed and may lead to malpractice litigation. Despite this, there is a paucity of data evaluating outcomes of malpractice litigation following rotator cuff surgery. A retrospective investigation of the VerdictSearch legal claims database following rotator cuff surgery was performed. Plaintiff demographics, reason for litigation, and the effect of surgical complications were assessed as were the proportion of plaintiff rulings and size of payments. In total, 40 cases were analyzed...
September 5, 2018: Orthopedic Reviews
Govind Shantharam, J Mason DePasse, Adam E M Eltorai, Wesley M Durand, Mark A Palumbo, Alan H Daniels
Spinal epidural abscesses (SEA) can be challenging to diagnose and may result in serious adverse outcomes sometimes leading to neurologic compromise, sepsis, and even death. While SEA may lead to litigation for healthcare providers, little is known about the medicolegal factors predicting case outcome of SEA related litigation cases. Three large medicolegal databases (VerdictSearch, Westlaw, and LexisNexis) were queried for SEA-related malpractice cases. Plaintiff (patient) age, sex, previous infection history and clinical outcomes such as residual paraplegia/quadriplegia, and delay in diagnosis or treatment were examined...
September 5, 2018: Orthopedic Reviews
Frances Wang, Sandeep K Krishnan
With increasing healthcare costs and the high cost of spending driven by "defensive medicine," shedding light on recent litigation trends is critical for understanding current tort patterns, especially in the field of cardiology, a specialty with higher rates of malpractice suits than average. Understanding the characteristics of these liability claims and common types of patient injuries can aid cardiologists in mitigating malpractice risk and better patient care. Thus, the objective of this study was to characterize current malpractice trends in the field of cardiology and common sources of patient injury...
January 1, 2019: American Journal of Cardiology
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