Malpractice: Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed)Insurance, Liability: Insurance against loss resulting from liability for injury or damage to the persons or property of others.Liability, Legal: Accountability and responsibility to another, enforceable by civil or criminal sanctions.Defensive Medicine: The alterations of modes of medical practice, induced by the threat of liability, for the principal purposes of forestalling lawsuits by patients as well as providing good legal defense in the event that such lawsuits are instituted.Expert Testimony: Presentation of pertinent data by one with special skill or knowledge representing mastery of a particular subject.Compensation and Redress: Payment, or other means of making amends, for a wrong or injury.Lawyers: Persons whose profession is to give legal advice and assistance to clients and represent them in legal matters. (American Heritage Dictionary, 3d ed)Obstetrics: A medical-surgical specialty concerned with management and care of women during pregnancy, parturition, and the puerperium.Medical Errors: Errors or mistakes committed by health professionals which result in harm to the patient. They include errors in diagnosis (DIAGNOSTIC ERRORS), errors in the administration of drugs and other medications (MEDICATION ERRORS), errors in the performance of surgical procedures, in the use of other types of therapy, in the use of equipment, and in the interpretation of laboratory findings. Medical errors are differentiated from MALPRACTICE in that the former are regarded as honest mistakes or accidents while the latter is the result of negligence, reprehensible ignorance, or criminal intent.National Practitioner Data Bank: A databank established by the Health Care Quality Improvement Act of 1986 authorizing the Department of Health and Human Services to collect and release information on the professional competence and conduct of physicians, dentists, nurses, and other health care practitioners. The data include adverse actions on physicians' malpractice, licensure, hospital privileges, concealing of pertinent information, and the like.Legislation, Medical: Laws and regulations, pertaining to the field of medicine, proposed for enactment or enacted by a legislative body.Insurance Carriers: Organizations which assume the financial responsibility for the risks of policyholders.Economics, Medical: Economic aspects of the field of medicine, the medical profession, and health care. It includes the economic and financial impact of disease in general on the patient, the physician, society, or government.Contracts: Agreements between two or more parties, especially those that are written and enforceable by law (American Heritage Dictionary of the English Language, 4th ed). It is sometimes used to characterize the nature of the professional-patient relationship.Economics, Dental: Economic aspects of the dental profession and dental care.Risk Management: The process of minimizing risk to an organization by developing systems to identify and analyze potential hazards to prevent accidents, injuries, and other adverse occurrences, and by attempting to handle events and incidents which do occur in such a manner that their effect and cost are minimized. Effective risk management has its greatest benefits in application to insurance in order to avert or minimize financial liability. (From Slee & Slee: Health care terms, 2d ed)Physicians: Individuals licensed to practice medicine.Jurisprudence: The science or philosophy of law. Also, the application of the principles of law and justice to health and medicine.MaineMedicine: The art and science of studying, performing research on, preventing, diagnosing, and treating disease, as well as the maintenance of health.United StatesNegotiating: The process of bargaining in order to arrive at an agreement or compromise on a matter of importance to the parties involved. It also applies to the hearing and determination of a case by a third party chosen by the parties in controversy, as well as the interposing of a third party to reconcile the parties in controversy.Gynecology: A medical-surgical specialty concerned with the physiology and disorders primarily of the female genital tract, as well as female endocrinology and reproductive physiology.Insurance Claim Review: Review of claims by insurance companies to determine liability and amount of payment for various services. The review may also include determination of eligibility of the claimant or beneficiary or of the provider of the benefit; determination that the benefit is covered or not payable under another policy; or determination that the service was necessary and of reasonable cost and quality.Neurosurgery: A surgical specialty concerned with the treatment of diseases and disorders of the brain, spinal cord, and peripheral and sympathetic nervous system.American Medical Association: Professional society representing the field of medicine.Insurance: Coverage by contract whereby one part indemnifies or guarantees another against loss by a specified contingency.Specialization: An occupation limited in scope to a subsection of a broader field.Physician Impairment: The physician's inability to practice medicine with reasonable skill and safety to the patient due to the physician's disability. Common causes include alcohol and drug abuse, mental illness, physical disability, and senility.Iatrogenic Disease: Any adverse condition in a patient occurring as the result of treatment by a physician, surgeon, or other health professional, especially infections acquired by a patient during the course of treatment.Cost Control: The containment, regulation, or restraint of costs. Costs are said to be contained when the value of resources committed to an activity is not considered excessive. This determination is frequently subjective and dependent upon the specific geographic area of the activity being measured. (From Dictionary of Health Services Management, 2d ed)Governing Board: The group in which legal authority is vested for the control of health-related institutions and organizations.Group Practice: Any group of three or more full-time physicians organized in a legally recognized entity for the provision of health care services, sharing space, equipment, personnel and records for both patient care and business management, and who have a predetermined arrangement for the distribution of income.Traumatology: The medical specialty which deals with WOUNDS and INJURIES as well as resulting disability and disorders from physical traumas.Specialties, Surgical: Various branches of surgical practice limited to specialized areas.Institute of Medicine (U.S.): Identifies, for study and analysis, important issues and problems that relate to health and medicine. The Institute initiates and conducts studies of national policy and planning for health care and health-related education and research; it also responds to requests from the federal government and other agencies for studies and advice.Health Care Reform: Innovation and improvement of the health care system by reappraisal, amendment of services, and removal of faults and abuses in providing and distributing health services to patients. It includes a re-alignment of health services and health insurance to maximum demographic elements (the unemployed, indigent, uninsured, elderly, inner cities, rural areas) with reference to coverage, hospitalization, pricing and cost containment, insurers' and employers' costs, pre-existing medical conditions, prescribed drugs, equipment, and services.Fees and Charges: Amounts charged to the patient as payer for health care services.Peer Review, Health Care: The concurrent or retrospective review by practicing physicians or other health professionals of the quality and efficiency of patient care practices or services ordered or performed by other physicians or other health professionals (From The Facts On File Dictionary of Health Care Management, 1988).Anesthesiology: A specialty concerned with the study of anesthetics and anesthesia.State Health Plans: State plans prepared by the State Health Planning and Development Agencies which are made up from plans submitted by the Health Systems Agencies and subject to review and revision by the Statewide Health Coordinating Council.Practice Management, Medical: The organization and operation of the business aspects of a physician's practice.Professional Autonomy: The quality or state of being independent and self-directing, especially in making decisions, enabling professionals to exercise judgment as they see fit during the performance of their jobs.
Non-economic damages capsStatutory liability: Statutory Liability is a legal term indicating the liability of a party who may be held responsible for any action or omission due to a related law that is not open to interpretation.United States tort law: This article addresses torts in United States law. As such, it covers primarily common law.Expert elicitation: In science, engineering, and research, expert elicitation is the synthesis of opinions of authorities of a subject where there is uncertainty due to insufficient data or when such data is unattainable because of physical constraints or lack of resources. Expert elicitation is essentially a scientific consensus methodology.Vaccine Information Statement: Vaccine Information Statement is a formal description of a vaccine, with a concise description of the benefits of the vaccine, a concise description of the risks associated with the vaccine, a statement of the availability of the National Vaccine Injury Compensation Program, and is required as a provision of the United States National Childhood Vaccine Injury Act. Such materials shall be provided prior to the administration of a vaccine set forth in the Vaccine Injury Table.Lawyer LawyerOutline of obstetrics: The following outline is provided as an overview of and topical guide to obstetrics:Fatal Care: Survive in the U.S. Health System: Fatal Care: Survive in the U.S.Munich Reinsurance America: Munich Reinsurance America (also called Munich Re America), formerly known as American Re Corporation before September 2006, is a major provider of property and casualty reinsurance in the United States. Munich Reinsurance America is a subsidiary of Munich Re.Covenant Health System: Covenant Health System is an American health care provider which serves West Texas and Eastern New Mexico. It has about 1,300 beds in its five primary acute-care and specialty hospitals; it also manages about a dozen affiliated community hospitals.Risk governance: Risk governance refers to the institutions, rules conventions, processes and mechanisms by which decisions about risks are taken and implemented. It can be both normative and positive, because it analyses and formulates risk management strategies to avoid and/or reduce the human and economic costs caused by disasters.Samuel Bard (physician): Samuel Bard (April 1, 1742 – May 24, 1821) was an American physician. He founded the first medical school in New York.Islamic sexual hygienical jurisprudence: Islamic sexual hygienical jurisprudence is a prominent topic in Islamic jurisprudence (fiqh) due to its everyday nature.Augusta Arsenal: The Augusta Arsenal was a 19th-century fortification in Augusta, Georgia. Established in 1816 and initially completed on the Georgia bank of the Savannah River in 1819, it was moved to the former Belle Vue estate in the Summerville neighborhood of Augusta in 1827 due to health concerns after several fever epidemics.List of Parliamentary constituencies in Kent: The ceremonial county of Kent,Barry Dorn: Barry C. Dorn, M.John Studd (gynaecologist): John Winston Studd (born 4 March 1940) is a British gynaecologist and an academic and medical historian.Neurosurgery: Neurosurgery (or neurological surgery) is the medical specialty concerned with the prevention, diagnosis, treatment, and rehabilitation of disorders which affect any portion of the nervous system including the brain, spinal cord, peripheral nerves, and extra-cranial cerebrovascular system.AANS – Patient InformationCharles Alfred Tyrrell: Charles Alfred Tyrrell(1843–1918) was a promoter of medical devices, most notably an enema appliance. He was also author of tracts promoting the use of his device for colon cleansing as therapy for detoxification pursuant to a theory of auto-intoxication.Project Longshot: Project Longshot was a conceptual design for an interstellar spacecraft, an unmanned probe, intended to fly to and enter orbit around Alpha Centauri B powered by nuclear pulse propulsion.Biliary injury: Biliary injury (bile duct injury) is the traumatic damage of the bile ducts. It is most commonly an iatrogenic complication of cholecystectomy — surgical removal of gall bladder, but can also be caused by other operations or by major trauma.Cement board: A cement board is a combination of cement and reinforcing fibers formed into 4 foot by 8 foot sheets (or 3 foot by 5 foot sheets), 1/4 to 1/2 inch thick that are typically used as a tile backing board. Cement board can be nailed or screwed to wood or steel studs to create a substrate for vertical tile and attached horizontally to plywood for tile floors, kitchen counters and backsplashes.National Institute of Traumatology and Orthopedic Rehabilitation: The National Institute of Traumatology & Orthopaedic Rehabilitation (NITOR) is an orthopedic hospital and undergraduate & post-graduate institute in Sher-e-Bangla Nagar, Dhaka, Bangladesh. It was established in 1972 by the Bangladeshi government as the Shaheed Suhrawardy Hospital.Rock 'n' Roll (Status Quo song)Sprat: A sprat is the common name applied to a group of forage fish belonging to the genus Sprattus in the family Clupeidae. The term is also applied to a number of other small sprat-like forage fish.National Dental Board of Anesthesiology: The National Dental Board of Anesthesiology (NDBA) is an American professional association established in 2001 by the American Dental Society of Anesthesiology. Based in Chicago, NDBA is the world's largest national dental board devoted to sedation and anesthesia.
(1/435) Medicolegal file.
Tell everything you know about birth control pills. (+info)
(2/435) Assessment of physician-assisted death by members of the public prosecution in The Netherlands.
OBJECTIVES: To identify the factors that influence the assessment of reported cases of physician-assisted death by members of the public prosecution. DESIGN/SETTING: At the beginning of 1996, during verbal interviews, 12 short case-descriptions were presented to a representative group of 47 members of the public prosecution in the Netherlands. RESULTS: Assessment varied considerably between respondents. Some respondents made more "lenient" assessments than others. Characteristics of the respondents, such as function, personal-life philosophy and age, were not related to the assessment. Case characteristics, i.e. the presence of an explicit request, life expectancy and the type of suffering, strongly influenced the assessment. Of these characteristics, the presence or absence of an explicit request was the most important determinant of the decision whether or not to hold an inquest. CONCLUSIONS: Although the presence of an explicit request, life expectancy and the type of suffering each influenced the assessment, each individual assessment was dependent on the assessor. The resulting danger of legal inequality and legal uncertainty, particularly in complicated cases, should be kept to a minimum by the introduction of some form of protocol and consultation in doubtful or boundary cases. The notification procedure already promotes a certain degree of uniformity in the prosecution policy. (+info)
(3/435) Clinical guidelines: proliferation and medicolegal significance.
Guidelines seeking to influence and regulate clinical activity are currently gaining a new cultural ascendancy on both sides of the Atlantic. Statutory agencies may be charged with developing clinical guidelines, and civil courts, in deciding actions in negligence, could be influenced by standards of care expressed in guideline statements. Clinical guidelines are not accorded unchallengeable status: they have been subject to careful scrutiny by British and American courts to establish their authenticity and relevance. In the United States, compliance with clinical guidelines cannot be used as a defence against liability if a physician's conduct is held to have been negligent, and third party organisations can be held liable if their clinical guidelines are found to be a contributory cause of patient harm. Guidelines have not usurped the role of the expert witness in court. The importance the law attaches to customary practice means that atypical or bizarre guidelines are unlikely to be accepted as embodying a legally required standard of clinical care. (+info)
(4/435) Regulating the private health care sector: the case of the Indian Consumer Protection Act.
Private medical provision is an important constituent of health care delivery services in India. The quality of care provided by this sector is a critical issue. Professional organizations such as the Medical Council of India and local medical associations have remained ineffective in influencing the behaviour of private providers. The recent decision to bring private medical practice under the Consumer Protection Act (COPRA) 1986 is considered an important step towards regulating the private medical sector. This study surveyed the views of private providers on this legislation. They believe the COPRA will be effective in minimizing malpractice and negligent behaviour, but it does have adverse consequences such as an increase in fees charged by doctors, an increase in the prescription of medicines and diagnostics, an adverse impact on emergency care, etc. The medical associations have also argued that the introduction of COPRA is a step towards expensive, daunting and needless litigation. A number of other concerns have been raised by consumer forums which focus on the lack of standards for private practice, the uncertainty and risks of medicines, the effectiveness of the judiciary system, and the responsibility of proving negligence. How relevant are these concerns? Is the enactment of COPRA really appropriate to the medical sector? The paper argues that while this development is a welcome step, we need to comprehensively look into the various quality concerns. The effective implementation of COPRA presumes certain conditions, the most important being the availability of standards. Besides this, greater involvement of professional organizations is needed to ensure appropriate quality in private practice, since health and medical cases are very different from other goods and services. The paper discusses the results of a mailed survey and interview responses of 130 providers from the city of Ahmedabad, India. The questionnaire study was designed to assess the opinion of providers on various implications of the COPRA. We also analyze the data on cases filed with the Consumer Disputes and Redressal Commission in Gujarat since 1991. Four selected cases filed with the National Commission on Consumers Redressal are discussed in detail to illustrate various issues affecting the implementation of this Act. (+info)
(5/435) Impact of litigation on senior clinicians: implications for risk management.
OBJECTIVES: To investigate the impact of litigation on consultants and senior registrars and to establish their views on methods of reducing adverse events and litigation. DESIGN: Postal survey. SETTING: Acute hospitals in the North Thames (West) Regional Health Authority. SUBJECTS: 1011 consultants and senior registrars in acute hospitals. MAIN MEASURES: Perceived causes and effects of adverse events; views on methods of reducing litigation and adverse events. RESULTS: 769 (76%) doctors responded. 288 (37%) had been involved in litigation at some point during their career; 213 surgeons (49%) and 75 (23%) doctors in the medical specialties. Anger, distress, and feeling personally attacked were common responses to litigation. Clinicians' views on reducing litigation emphasised the need for change at the clinical level. Supervision of junior staff, workload, and training in communication skills were to the fore. CONCLUSIONS: The high frequency of doctors who have experienced litigation and the emotional responses described indicate that clinicians require support at several levels. At a personal level, support can be offered to clinicians going through the litigation process or after an adverse event. Also, managerial support is needed by offering financial and practical help in correcting the factors that have been consistently identified as producing high risk situations to minimise the possibility of a reoccurrence. Accidents in medicine are, by their very nature, costly in human and financial terms and the root causes must be tackled. Recommendations are made for clinicians and risk management teams. (+info)
(6/435) Considerations in pharmaceutical conversion: focus on antihistamines.
The practice of pharmaceutical conversion, which encompasses three types of drug interchange (generic, brand, and therapeutic substitution), is increasing in managed care settings. Pharmaceutical conversion has numerous implications for managed care organizations, their healthcare providers, and their customers. Although drug cost may be a driving consideration in pharmaceutical conversion, a number of other considerations are of equal or greater importance in the decision-making process may affect the overall cost of patient care. Among these considerations are clinical, psychosocial, and safety issues; patient adherence; patient satisfaction; and legal implications of pharmaceutical conversion. Patient-centered care must always remain central to decisions about pharmaceutical conversion. This article discusses the issues related to, and implications of, pharmaceutical conversion utilizing the antihistamines class of drugs as the case situation. (+info)
(7/435) Reducing malpractice risk through more effective communication.
This activity is designed for physicians, health plan administrators, and other providers. GOAL: To help physicians, health plan administrators, and other providers learn more about the relationship between provider communication behaviors and subsequent negligence litigation and learn how to reduce malpractice risk through improving communication behaviors. OBJECTIVES: 1. To describe research findings concerning the relationship between provider communication behaviors and subsequent claims of negligence. 2. To describe the major interviewing deficiencies that have been identified as precipitants of malpractice litigation. 3. To describe three functions of effective interviewing. 4. To describe training and learning methods that can improve provider-patient relationships, leading to improved clinical outcomes and decreased malpractice risk. (+info)
(8/435) Costs, true costs, and whose costs in economic analyses in medicine?
Cost-effectiveness analyses of clinical practices are becoming more common in the development of health policy. However, such analyses can be based on misconceptions and flawed assumptions, leading to flawed policies. We argue that such is the case with the recent recommendations for routine measurement of umbilical cord gases at delivery, a policy based on the assumption that this clinical strategy will pay for itself by reduced malpractice awards. As we demonstrate, this argument reflects the physician's perspective, not that of society or of patients. It also ignores the fact that malpractice awards are largely transfer payments, not cost of healthcare. (+info)