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.

*  Medical Malpractice

Experienced Medical Malpractice Lawyers helping victims of doctor or hospital malpractice in Cherry Hill, NJ. Call today! Free ... Medical Malpractice Attorneys in Haddonfield and Cherry Hill. Experienced Lawyers Help Clients with Medical Malpractice Cases ... New Jersey Injury and Malpractice. Law - A Reference for Accident and. Malpractice Victims. to assist anyone involved in a. ... If you or someone you love is the victim of medical malpractice, whether you, are suffering due to a delayed or wrong diagnosis ...

*  Medical Malpractice Reform and Physicians in High-Risk Specialties - PDF

Medical Malpractice Reform and Physicians in High-Risk Specialties Jonathan Klick and Thomas Stratmann ABSTRACT If medical ... malpractice reform affects the supply of physicians, the effects will be concentrated ... Fear of Malpractice and Defensive Medicine in the Emergency Department. ED-Based Malpractice Claims Fear of Malpractice and in ... Medical Malpractice Damage Caps and the Price of Medical Procedures Medical Malpractice Damage Caps and the Price of Medical ...

*  Medical Malpractice | New Jersey Law Journal

... it is essential for the medical-malpractice attorney to understand the complexities of diagnosing this disease. ... Medical Malpractice. Preparing an ovarian cancer case: it is essential for the medical-malpractice attorney to understand the ...

*  Florida Supreme Court rejects medical malpractice caps

Stems from malpractice case against North Broward Hospital District ... Supreme Court rejects medical malpractice caps signed by Gov. Jeb Bush in 2003. ... It is the Legislature's task to decide whether a medical malpractice crisis exists, whether a medical malpractice crisis has ... The Florida Supreme Court on Thursday ruled that a law limiting pain-and-suffering damages in medical malpractice cases is ...

*  Professional Malpractice, Construction | JD Supra

You Don't Need to be Goliath to Get Sued for Professional Malpractice (infographic). by Melissa Dewey Brumback on 11/13/2012. ... Federal Court in New York Applies Scope of Duty Analysis in Deciding Claim for Architectural Malpractice. by Pepper Hamilton ... Why Everything You Learned from Law & Order won't help you win your Professional Malpractice case! (and, the step by step guide ... Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names ...

*  Exam malpractice a concern: Vice chancellor - Times of India

KSOU vice-chancellor M G Krishnan has said examination malpractice has become a cause for concern.'It is natural for the ... Exam malpractice a concern: Vice chancellor. KSOU vice-chancellor M G Krishnan has said examination malpractice has become a ... MYSORE: KSOU vice-chancellor M G Krishnan has said examination malpractice has become a cause for concern.. "It is natural for ... He said collaborative institutions that have partnered with KSOU are lax in curtailing exam malpractices, "which is not the ...

*  Privacy, Professional Malpractice, Consumer Protection | JD Supra

When do healthcare defendants want to be accused of malpractice?. by Searcy Denney Scarola Barnhart & Shipley on 1/22/2016. ... 766, also known as the Medical Malpractice Act. This Act itself is...more ...

*  Business Organization, Education, Professional Malpractice | JD Supra

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*  Professional Malpractice, Family Law, Business Organization | JD Supra

Professional Malpractice › Family Law › Business Organization. + Follow x Following x Following - Unfollow ...

*  Professional Malpractice, Family Law, Criminal Law | JD Supra

Professional Malpractice › Family Law › Criminal Law. + Follow x Following x Following - Unfollow ...

*  Bigots: Day of Silence is 'Medical Malpractice'

"This is educational malpractice, it really is, and it really should be medical malpractice," she said of gay rights advocacy, " ... "This is educational malpractice, it really is, and it really should be medical malpractice," she said of gay rights advocacy, " ... This is absolutely medical malpractice! Everyone know April 11 is the only day the entire year that doctors can mention HIV and ... Kids - I repeat, KIDS - being quiet, is medical malpractice and intimidates others? These people aren't even trying to be ...

*  Professional Malpractice, Construction, Residential Real Estate | JD Supra

Professional Malpractice › Construction › Residential Real Estate. + Follow x Following x Following - Unfollow ...

*  Civil Remedies, Professional Malpractice, Family Law | JD Supra

Civil Remedies › Professional Malpractice › Family Law. + Follow x Following x Following - Unfollow ...

*  Conflict of Laws, Bankruptcy, Professional Malpractice | JD Supra

Conflict of Laws › Bankruptcy › Professional Malpractice. + Follow x Following x Following - Unfollow ...

*  Chiropractic Malpractice Lawyers at Morgan & Morgan

Chiropractic malpractice can cause broken bones, neck and spinal damage, and even stroke. Our attorneys can prove negligence. ... Compensation in Chiropractic Malpractice Lawsuits. A chiropractor malpractice attorney may be able to help a victim recover ... A chiropractor malpractice attorney may be able to help a patient recover compensation for:. Medical Bills: A patient may be ... Everything you need to know about medical malpractice SEE OUR FAQs Related Practice Areas. *Birth Injury Lawyers ...

*  Radiation Overdose | Medical Malpractice Help

Obstetrics Malpractice Miscarriage Malpractice Tubal Pregnancy Malpractice Other Areas of Malpractice Paramedic Medical ... Causes of Medical Malpractice Chemotherapy Malpractice Congestive Heart Failure CT Scan Radiation Overdose Dental Malpractice ... Neurological Malpractice Athetosis Cognitive Functions Dystonia and Disability Benefits Oral Surgery Orthopedic Malpractice ... Gynecological Malpractice Hospital Malpractice Altered Hospital Records Early Discharge Complications Emergency Room Errors ...

*  Mediation Confidentiality and Legal Malpractice Cassel v Superior Court

The court of appeal, by a 2-1 majority, reversed the trial court's ruling and held that the legal malpractice case can go ... After all, in a subsequent malpractice case the lawyer would be unable to cite statements by the other party, or by the ... The court of appeal, by a 2-1 majority, reversed the trial court's ruling and held that the legal malpractice case can go ... "The Legislature also could rationally decide that it would not be fair to allow a client to support a malpractice claim with ...

*  Chicago Medical Malpractice Lawyer Cautious About Victims On Medical Error Review Panels

... surgical malpractice, anesthesia errors, organ puncture/perforation, post-operative and pre-operation malpractice and surgical ... But medical malpractice victims and their families should not have to give up their right to seek full compensation for the ... "It is clear that medical malpractice is a major threat to the health and the very lives of people across the country and right ... Salvi, Schostok & Pritchard P.C. is a leading Illinois medical malpractice law firm with offices in Chicago and Waukegan. The ...

*  Professional Malpractice, Finance & Banking, Residential Real Estate | JD Supra

Professional Malpractice › Finance & Banking › Residential Real Estate. + Follow x Following x Following - Unfollow ... Opinion Letters - Do's and Don'ts (Ethics, Professionalism and Malpractice Avoidance). by Nexsen Pruet, PLLC on 9/27/2012. ...

*  Finance & Banking, Professional Malpractice, Commercial Real Estate | JD Supra

Finance & Banking › Professional Malpractice › Commercial Real Estate. + Follow x Following x Following - Unfollow ... Washington Bars Insurers from Maintaining Legal Malpractice Suit Against Policyholder Defense Counsel. by Cozen O'Connor on 11/ ... 87087-0 (October 3, 2013), the Washington Supreme Court held that a nonclient insurer may not pursue a malpractice claim ...

*  Medical Malpractice - Page 9 - Virginia Lawyers Weekly

An incapacitated medical malpractice plaintiff whose parents had been appointed as co-guardians lost her chance to sue her ... Tagged with: Judge Melvin R. Hughes Jr. Medical Malpractice Million-Dollar Defense Verdicts Richmond Circuit Court ... Tagged with: Fairfax County Circuit Court Judge Stephen C. Shannon Medical Malpractice Virginia Circuit Courts ... Tagged with: Judge Bryant L. Sugg Medical Malpractice Newport News Circuit Court Virginia Circuit Courts ...

*  Medical Malpractice - Page 24 - Virginia Lawyers Weekly

In this medical malpractice case arising from a patient's fall at a nursing home, a York County Circuit Court orders defendants ... Tagged with: Judge John R. Doyle III Medical Malpractice Million-Dollar Defense Verdicts Norfolk Circuit Court ... Tagged with: Judge Everett A. Martin Jr. Medical Malpractice Million-Dollar Verdicts Norfolk Circuit Court ... Tagged with: Judge Dean W. Sword Medical Malpractice Virginia Circuit Courts York County Circuit Court ...

*  Anesthesiologist Malpractice Insurance: Coverage for You | Trusted Choice

Compare anesthesiologist malpractice insurance rates, plans, and information by talking with an independent agent today. Find ... Today, the cost of anesthesiologist malpractice insurance is actually lower than it was in the past. It might be the right time ... How to Find the Best Anesthesiologist Malpractice Insurance While anesthesiologists are among the highest paid professionals in ... The risk of a malpractice lawsuit in 2009 was 7% for anesthesiologists, compared to the extremes of neurosurgeons at 19.1% and ...

*  Medical Malpractice | Definition | Medical Malpractice Definitions

Medical Malpractice Definition: When a medical provider fails to observe the guidelines of care, resulting in a patient's ... Obstetrics Malpractice Miscarriage Malpractice Tubal Pregnancy Malpractice Other Areas of Malpractice Paramedic Medical ... Causes of Medical Malpractice Chemotherapy Malpractice Congestive Heart Failure CT Scan Radiation Overdose Dental Malpractice ... Neurological Malpractice Athetosis Cognitive Functions Dystonia and Disability Benefits Oral Surgery Orthopedic Malpractice ...

*  Malpractice Cap Should Teach Us Just How Unfair 'Victim-Bashing' Is - latimes

The medical malpractice victim in California is a three-time loser. He suffers physical injury at the hands of a negligent ... Malpractice Cap Should Teach Us Just How Unfair 'Victim-Bashing' Is. October 04, 1987,RUSSELL S. KUSSMAN , Russell S. Kussman ... The medical malpractice victim in California is a three-time loser. He suffers physical injury at the hands of a negligent ... Malpractice caused the patient's death.. After a jury heard all the evidence presented by both sides, they awarded the Yates ...

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)

Professional Malpractice

  • Why Everything You Learned from Law & Order won't help you win your Professional Malpractice case! (


  • In the United States, tort lawsuits may be used to seek compensation for malpractice. (
  • Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice. (


  • Malpractice was the second Dr. Feelgood album, released in October 1975. (
  • Malpractice saw Dr. Feelgood break into the UK Top 20, the success of the release a gauge of a change in the musical climate. (


  • Typically, to succeed in a malpractice action the person making a malpractice claim must prove both that the professional committed an act of culpable negligence and that the person suffered injury as a result of the professional's error. (
  • Thus, when a patient claims injury as the result of a medical professional's care, a malpractice case will most often be based upon one of three theories: Failure to diagnose: a medical professional is alleged to have failed to diagnose an existing medical condition, or to have provided an incorrect diagnoses for the patient's medical condition. (


  • Malpractice is the fifth studio album by rapper Redman. (


  • Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. (
  • Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. (
  • While the exact definition varies from jurisdiction to jurisdiction, typically, the four elements of legal malpractice are (i) an attorney-client relationship, (ii) negligence, (iii) causation, and (iv) financial loss. (
  • In common law jurisdictions, medical malpractice liability is normally based on the laws of negligence. (
  • In Canada, all provinces except Quebec base medical malpractice liability on negligence, while Quebec follows a civil law system. (
  • Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. (
  • A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. (


  • Patients who want to bring malpractice claims may choose between bringing a traditional tort claim or a no fault claim. (


  • Claims of medical malpractice, when pursued in US courts, processed as civil torts. (


  • The plaintiff decides to sue his lawyer for malpractice for advising him to turn down the million dol- lar settlement. (
  • Does the law of mediation confidentially immunize the lawyer from malpractice? (
  • lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care and diligence that a reasonable lawyer would apply under similar circumstances. (
  • For example, in order to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer. (


  • Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions. (
  • In some jurisdictions a medical malpractice action may be allowed even without a mistake from the doctor, based upon principles of informed consent, where a patient was not informed of possible consequences of a course of treatment and would have declined the medical treatment had proper information been provided in advance. (


  • A chiropractor malpractice attorney may be able to help a victim recover damages for injuries suffered as a result of the negligent care. (
  • A patient who has been injured by chiropractor malpractice may be able to recover monetary damages to compensate for both8the physical pain and the mental anguish caused by the malpractice. (
  • A plaintiff who has lost a civil case must prove that the legal malpractice complained of caused the case to be lost, so that the plaintiff can then recover from the negligent attorney the damages that would have been owed by the underlying defendant. (

differ significantly

  • Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. (


  • If a chiropractor treats a patient without first explaining the possible dangers, and the patient suffers an injury from the treatment, the chiropractor may be liable for malpractice. (
  • In some instances, injuries caused by chiropractor malpractice can be serious enough to prevent the patient from returning to work, requiring payment for loss of future wages. (
  • In Australia, medical malpractice and the rise in incidences of claims against individual and institutional providers has led to the evolution of patient advocates. (
  • Medical malpractice is a legal cause of action that occurs when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient. (


  • At Morgan & Morgan, our attorneys have decades of experience helping Floridians recover compensation for injuries sustained as a result of chiropractic malpractice. (
  • If you or a loved one has been injured by a chiropractor, our chiropractic malpractice attorneys may be able to help you recover compensation for your injuries. (
  • A no-fault system may provide compensation to people who have medical outcomes that are significantly worse than would be anticipated under the circumstances, or where there is proof of injury resulting from medical error, without regard to whether or not malpractice occurred. (
  • Medical Malpractice and Compensation in Global Perspective. (


  • Among professionals that may be potentially liable under medical malpractice laws are, Medical Practitioners - including physicians, surgeons, psychiatrists and dentists. (


  • Preparing an ovarian cancer case: it is essential for the medical-malpractice attorney to understand the complexities of diagnosing this disease. (
  • Without this evidence the malpractice case cannot go forward. (
  • At the mediation, according to the client's malpractice complaint, his lawyers badgered him, threat- ened him, and ultimately forced him to agree to settle the case for $1.25 million. (
  • A common basis for a legal malpractice claim arises when an attorney misses a deadline for filing a paper with the court or serving a paper on another party, and that error is irrevocably and incurably fatal to the client's case. (
  • If the malpractice alleged occurred in litigation, the legal malpractice case may result in a "trial-within-a-trial" which delves into the facts of the case for which the client originally retained the attorney. (
  • In this case, the Supreme Court of California noted that 10 states have already squarely ruled that factual innocence is an essential element of a criminal convict's legal malpractice case against his attorney, and proceeded to join them. (
  • Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson. (


  • Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant. (
  • 4 The Court has thus decided the thorny issue of whether the rules of mediation confidentiality also apply to conversations between a party and his/her own counsel, holding that a statement made by counsel to a client during the course of media- tion-which could otherwise form the basis of a claim for legal malpractice-is protected by mediation confidentiality and is inadmissible. (
  • Each court of appeal therefore held that the legal malpractice cases could proceed, and the alleged statements made by counsel to client were admissible. (
  • Business Law News Mediation Confidentiality and Legal Malpractice admissible in any subsequent action-not just the action which gave rise to the mediation, but any action. (
  • A claim for legal malpractice may also arise when an attorney breaches the contract pursuant to which the client is represented. (


  • The other most common categories of malpractice include negligent treatment and failure to warm. (


  • Professionals who may become the subject of malpractice actions include: medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances. (


  • Among the acts or omissions that may potentially support a medical malpractice claim are the failure to properly diagnose a disease or medical condition, the failure to provide appropriate treatment for a medical condition, and unreasonable delay in treating a diagnosed medical condition. (
  • In 2013, BMJ Open performed a study in which they found that "failure to diagnose" accounted for the largest portion of medical malpractice claims brought against health professionals. (


  • There is a time limit for filing chiropractor malpractice cases , so it is important to contact an attorney as soon as the injury is discovered. (


  • Most injury or wrongful death cases against hospitals, health care facilities, and health care practitioners are governed by the procedures in Fla. Stat. 766, also known as the Medical Malpractice Act. (


  • She later sued the hospital and the doctors involved in a civil lawsuit over alleged medical malpractice, assault and battery, and personal injury. (


  • however, the California Supreme Court recently reversed the Cassel court of appeal decision and held that all statements or writings which occur during or pursuant to a mediation are confidential, and are inadmissible in any future court action, including a malpractice action. (
  • As laws vary by jurisdiction, the specific professionals who may be targeted by a medical malpractice action will vary depending upon where the action is filed. (


  • Eleven specific allegations of failure and malpractices in the Cavan-Monaghan Division of the Garda Síochána have been identified for investigation by Ireland's Minister for Justice. (


  • Overview of Medical Malpractice Law in Canada" (PDF). (


  • Using these numbers, medical malpractice is the third leading cause of death in the United States, only behind heart disease and cancer. (


  • On 31 March 2015, Mick Wallace TD told the Dáil of "serious Garda malpractice'' in the Athlone area. (


  • Between 15,000 and 19,000 malpractice suits are brought against doctors each year. (


  • KSOU vice-chancellor M G Krishnan has said examination malpractice has become a cause for concern. (
  • MYSORE: KSOU vice-chancellor M G Krishnan has said examination malpractice has become a cause for concern. (