scholarly journals Frequency and Nature of Communication and Handoff Failures in Medical Malpractice Claims

2021 ◽  
Vol Publish Ahead of Print ◽  
Author(s):  
Kate E. Humphrey ◽  
Melissa Sundberg ◽  
Carly E. Milliren ◽  
Dionne A. Graham ◽  
Christopher P. Landrigan
Keyword(s):  
Medical Malpractice ◽  
Malpractice Claims ◽  
Medical 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 A detailed analysis of pediatric surgical malpractice claims in Germany: what is the probability of a pediatric surgeon to be accused or convicted?

2021 ◽  
Author(s):  
Sara Mahler ◽  
Emilio Gianicolo ◽  
Oliver J. Muensterer
Keyword(s):  
Medical Malpractice ◽  
Pediatric Surgeon ◽  
Technical Errors ◽  
Surgical Technical ◽  
Malpractice Claims ◽  
Incorrect Diagnosis ◽  
Calculated Risk ◽  
Medical Malpractice Claims ◽  
Observation Period

Abstract Aim of the study Pediatric surgeons treat a vulnerable population in which unfavorable outcome can lead to substantial long-term costs, placing them at risk for malpractice claims. This study aims to characterize the frequency and circumstances in which malpractice claims were successfully brought against pediatric surgeons in Germany over the last 5 years. Materials and methods Anonymous data on medical treatment errors and payments were acquired from the Federal Chamber of Physicians from 2014 through 2018 and analyzed for most frequent diagnoses and circumstances that resulted in accusation or conviction. Those claims that were successfully rebutted were compared to as controls. Lifetime risk for being involved in litigation and its outcome was calculated. Results There were 129 medical malpractice claims over the 5-year observation period. Medical error was confirmed in 56 cases (43%); the rest were successfully appealed. The risk of the prototypical German pediatric surgeon to be accused was 5.24% and to be convicted 2.27% per year in practice. The most common reasons for conviction (alone or in combination) were surgical-technical errors (23%), treatment delay (21%), insufficient workup (17%), incorrect diagnosis (17%), and incomplete consent (16%).The most frequent circumstances leading to a conviction were trauma (27%), inguinal hernia (7%), circumcision (7%), testicular torsion (7%), acute abdomen (7%), and appendicitis (5%). Conclusion Over a 40-year career, pediatric surgeons in Germany face an average calculated risk of 2.1 to be accused and 0.9 to be convicted of malpractice claims. Certain circumstances pose higher risks for litigation than others. Knowledge of these patterns may help practitioners avoid medicolegal confrontation.

Oncologic Errors in Diagnostic Radiology: A 10-Year Analysis Based on Medical Malpractice Claims

2021 ◽  
Author(s):  
Andrew B. Rosenkrantz ◽  
Dana Siegal ◽  
Jillian A. Skillings ◽  
Ada Muellner ◽  
Sharyl J. Nass ◽  
...  
Keyword(s):  
Medical Malpractice ◽  
Diagnostic Radiology ◽  
Malpractice Claims ◽  
Medical Malpractice Claims

Medical Malpractice Litigation: Do the British Have a Better Remedy?

1986 ◽  
Vol 11 (4) ◽  
pp. 433-463
Author(s):  
Frances H. Miller
Keyword(s):  
Great Britain ◽  
National Health Service ◽  
Health Service ◽  
Medical Malpractice ◽  
Medical Service ◽  
Institutional Factors ◽  
Malpractice Litigation ◽  
American System ◽  
Malpractice Claims ◽  
Medical Malpractice Claims

AbstractMedical malpractice claims are filed nearly ten times more frequently in America than they are in Great Britain. British patients generally adopt a less adversarial stance toward medical malpractice than do American patients. This Article examines the British malpractice system, as compared with the American system, and explores the differences between the two, in terms of costs and fees, liability rules, statutory provisions, and judicial attitudes toward malpractice litigation. The Article also discusses British social and institutional factors, such as the “taint” of litigation and the National Health Service, and evaluates how these factors affect British malpractice litigation. The Article presents the alternative forums available to British patients in seeking satisfaction for their medical service complaints. The Article concludes with an evaluation of how these factors achieve the three societal objectives of malpractice litigation: reparation, emotional vindication and deterrence.

Medical Malpractice and Rhinology

2007 ◽  
Vol 21 (5) ◽  
pp. 584-590 ◽  
Author(s):  
Douglas E. Dawson ◽  
Eric M. Kraus
Keyword(s):  
Paranasal Sinuses ◽  
Medical Malpractice ◽  
Claims Data ◽  
Neck Surgery ◽  
Sinus Surgery ◽  
Malpractice Litigation ◽  
Malpractice Claims ◽  
Medical Malpractice Claims ◽  
Nose And Sinuses ◽  
Management Report

Background Physicians facing malpractice litigation are in uncharted territory. The language, concepts, rules, and strategies of the legal system are foreign to science-based physicians. Understanding the statistics of rhinology malpractice litigation may aid the physician to cope with the assault of a claim. Methods Information from the 2006 Physician Insurers Association of America (PIAA) and the 2006 PIAA Risk Management Report (RMR)–Otorhinolaryngology were searched for claims data referable to the nose, nasal chamber, and paranasal sinuses. The PIAA data sharing report (DSR) is the largest single resource of malpractice claims data containing both settlement and trial judgment information. Results The nose, nasal cavity, and paranasal sinuses represent nearly two-thirds of the total indemnity paid for improper performance from otolaryngology head and neck surgery (Oto-HNS) medical malpractice claims between 1985 and 2005 based on claims information. Improper performance accounts for 50.3% of total monies paid ($107.6 million of $213.6 million) to resolve Oto-HNS claims in this period. Of nearly 2400 operative claims closed in the period of 1985–2005, 34.1% involved procedures on the nose and sinuses. In the past 6 years, $103.5 million indemnity has been added to the otolaryngology total. Conclusion The area of endoscopic sinus surgery has substantially contributed to Oto-HNS claims in the PIAA DSR. Despite malpractice being a cost of medical practice, every claim is perceived as an assault on the surgeon's competence. Ensuring informed consent and complete documentation may assist the provider in defending their care.

Association of Simulation Training With Rates of Medical Malpractice Claims Among Obstetrician–Gynecologists

2021 ◽  
Vol Publish Ahead of Print ◽  
Author(s):  
Adam C. Schaffer ◽  
Astrid Babayan ◽  
Jonathan S. Einbinder ◽  
Luke Sato ◽  
Roxane Gardner
Keyword(s):  
Medical Malpractice ◽  
Simulation Training ◽  
Malpractice Claims ◽  
Medical Malpractice Claims
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