Radiology Malpractice Claims in the United States From 2008 to 2012: Characteristics and Implications

2016 ◽  
Vol 13 (2) ◽  
pp. 124-130 ◽  
Author(s):  
H. Benjamin Harvey ◽  
Elena Tomov ◽  
Astrid Babayan ◽  
Kathy Dwyer ◽  
Sam Boland ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Malpractice Claims

scholarly journals Lawsuits against plastic surgeons: Does locale affect incidence of claims?

2007 ◽  
Vol 15 (3) ◽  
pp. 155-157 ◽  
Author(s):  
Jonathan L Kaplan ◽  
Warren C Hammert ◽  
James E Zin
Keyword(s):  
United States ◽  
Emergency Room ◽  
Plastic Surgery ◽  
Medical Malpractice ◽  
The United States ◽  
Absolute Number ◽  
Malpractice Claims ◽  
High Incidence ◽  
Medical Malpractice Claims ◽  
Geographical Locations

Background Physicians continue to practice in a very litigious environment. Some physicians try to mitigate their exposure to lawsuits by avoiding geographical locations known for their high incidence of medical malpractice claims. Not only are certain areas of the United States known to have a higher incidence of litigation, but it is also assumed that certain areas of the hospital incur a greater liability. There seems to be a medicolegal dogma suggesting a higher percentage of malpractice claims coming from patients seen in the emergency room (ER), as well as higher settlements for ER claims. Objective To determine if there is any validity to the dogma that a higher percentage of malpractice claims arise from the ER. Methods An analysis of common plastic surgery consults that result in malpractice claims was performed. The location where the basis for the lawsuit arose – the ER, office (clinic) or the operating room (OR) – was evaluated. The value of the indemnity paid and whether its value increased or decreased based on the location of the misadventure was evaluated. Results According to the data, which represented 60% of American physicians, there was a larger absolute number of malpractice claims arising from the OR, not the ER. However, the highest average indemnity was paid for cases involving amputations when the misadventure originated in the ER. Conclusions The dogma that a greater percentage of lawsuits come from incidents arising in the ER is not supported. However, depending on the patient's injury and diagnosis, a lawsuit from the ER can be more costly than one from the OR.

scholarly journals Characteristics of Paid Malpractice Claims Among Resident Physicians From 2001 to 2015 in the United States

2020 ◽  
Vol 95 (2) ◽  
pp. 255-262 ◽  
Author(s):  
McKinley Glover ◽  
Glen W. McGee ◽  
Derek S. Wilkinson ◽  
Harnam Singh ◽  
Alexis Bolick ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Resident Physicians ◽  
Malpractice Claims

scholarly journals An Overview of Medical Malpractice Law in the United States Including Legislative and the Health Care Industry’s Responses to Increased Claims

2017 ◽  
Vol 10 (2) ◽  
pp. 139-163
Author(s):  
Thomas Allan Heller
Keyword(s):  
United States ◽  
Health Care ◽  
Health Care Providers ◽  
Medical Malpractice ◽  
Private Insurance ◽  
The United States ◽  
Care Providers ◽  
Malpractice Insurance ◽  
Malpractice Claims ◽  
Medical Malpractice Claims

Medical Malpractice claims are frequently asserted in the United States. At various time and places, an extraordinarily high number of claims and payouts led to what some have called medical malpractice crises. Consequently, in some geographical locations physicians either could not purchase malpractice insurance as carriers withdrew from the market, or, insurance became increasingly expensive and the overall costs associated with the delivery of health care continued to rise. Other undesirable consequences of these crises included a shortage of qualified physicians in certain parts of the country. Many of the states responded to these problems legislatively through a long series of tort reform measures. The health care industry itself has evolved in numerous ways. In particular, many health care providers have turned away from traditional private insurance models to self-insured models such as captives. Further, the industry has continued to consolidate, with fewer, but larger hospitals and clinics, and with an increasing number of physicians employed directly by hospitals and large clinics. The results of all of these changes have had mixed results.

scholarly journals The medicolegal impact of misplaced pedicle and lateral mass screws on spine surgery in the United States

2020 ◽  
Vol 49 (5) ◽  
pp. E20
Author(s):  
Eric W. Sankey ◽  
Vikram A. Mehta ◽  
Timothy Y. Wang ◽  
Tracey T. Than ◽  
C. Rory Goodwin ◽  
...  
Keyword(s):  
United States ◽  
Spine Surgery ◽  
Pedicle Screws ◽  
Potential Method ◽  
The United States ◽  
Medical Liability ◽  
Lateral Mass ◽  
Malpractice Claims ◽  
Procedural Error ◽  
Case Closure

Spine surgery has been disproportionately impacted by medical liability and malpractice litigation, with the majority of claims and payouts related to procedural error. One common area for the potential avoidance of malpractice claims and subsequent payouts involves misplaced pedicle and/or lateral mass instrumentation. However, the medicolegal impact of misplaced screws on spine surgery has not been directly reported in the literature. The authors of the current study aimed to describe this impact in the United States, as well as to suggest a potential method for mitigating the problem.This retrospective analysis of 68 closed medicolegal cases related to misplaced screws in spine surgery showed that neurosurgeons and orthopedic spine surgeons were equally named as the defendant (n = 32 and 31, respectively), and cases were most commonly due to misplaced lumbar pedicle screws (n = 41, 60.3%). Litigation resulted in average payouts of $1,204,422 ± $753,832 between 1995 and 2019, when adjusted for inflation. The median time to case closure was 56.3 (35.2–67.2) months when ruled in favor of the plaintiff (i.e., patient) compared to 61.5 (51.4–77.2) months for defendant (surgeon) verdicts (p = 0.117).

The Medical Review Panel in Louisiana Neurosurgery and Beyond

Neurosurgery ◽  
2019 ◽  
Vol 85 (6) ◽  
pp. E992-E1001
Author(s):  
Jennifer Kosty ◽  
Bowen Jiang ◽  
Devon C LeFever ◽  
Jared R Brougham ◽  
Frederick White ◽  
...  
Keyword(s):  
United States ◽  
Medical Malpractice ◽  
The United States ◽  
Medical Liability ◽  
Medical Review ◽  
Review Panel ◽  
The Past ◽  
Malpractice Claims ◽  
States Data ◽  
Medical Malpractice Claims

Abstract For the past several decades, medical malpractice claims in the state of Louisiana have been screened by a pretrial medical review panel (MRP). Composed of 3 physicians and 1 attorney, these panels are a method of filtering nonmeritorious lawsuits while expediting creditable claims. Currently, 14 jurisdictions in the United States require medical liability/malpractice cases be heard by an MRP or screening panel prior to trial. In this article, we review the MRP process in Louisiana and compare it to those in other states. Data are presented for the past 10 yr of malpractice claims in Louisiana with an emphasis on the neurosurgery specialty. Finally, the benefits and challenges of pretrial screening panels are discussed.

scholarly journals Delayed Diagnosis Is the Primary Cause of Sarcoma Litigation: Analysis of Malpractice Claims in the United States

2020 ◽  
Vol 478 (10) ◽  
pp. 2239-2253
Author(s):  
Richard Hwang ◽  
Howard Y. Park ◽  
William Sheppard ◽  
Nicholas M. Bernthal
Keyword(s):  
United States ◽  
Delayed Diagnosis ◽  
The United States ◽  
Malpractice Claims
Sign in / Sign up

Export Citation Format

Share Document