scholarly journals Medical Malpractice in Nerve Injury of the Upper Extremity

Hand ◽  
2020 ◽  
pp. 155894472090650 ◽  
Author(s):  
Emily M. Krauss ◽  
Vikram Shankar ◽  
Jennifer Megan Mackinnon Patterson ◽  
Susan E. Mackinnon
Keyword(s):  
United States ◽  
Peripheral Nerve ◽  
Upper Extremity ◽  
Nerve Injury ◽  
Medical Malpractice ◽  
The United States ◽  
Medical Professional ◽  
Insurance Companies ◽  
Nerve Injuries ◽  
Malpractice Claims

Background: Medical malpractice accounts for more than $55 billion of annual health care costs. Updated malpractice risk to surgeons and physicians related to upper extremity peripheral nerve injury has not been published. Methods: A comprehensive database analysis of upper extremity nerve injury claims between 1995 and 2014 in the United States was conducted using the Medical Professional Liability Association Data Sharing Project, representing 24 major insurance companies. Results: Nerve injury in the upper extremity accounted for 614 (0.3%) malpractice claims (total of 188 323). Common presenting diagnoses included carpal tunnel syndrome (41%), upper extremity fractures (19%), and traumatic nerve injuries to the shoulder or upper limb (8%). Improper performance (49% of total claims) and claims without evidence of medical error (19%) were the most common malpractice suits. Orthopedic surgeons were the most frequently targeted specialists (42%). In all, 65% of nerve injury claims originated from operative procedures in a hospital, 59% of claims were dismissed or withdrawn prior to trial, and 30% resulted in settlements. Thirty-three percent of claims resulted in an indemnity payment to an injured party, with an average payout of $203 592 per successful suit. Only 8% of claims resulted in a completed trial and verdict, and verdicts were overwhelmingly in favor of the defendant (83%). Conclusions: Most malpractice claims from peripheral nerve injuries in the United States arise from the management of common diagnoses, occur in the operating room, and allege improper performance. Strategies to reduce malpractice risk should emphasize the management of common conditions and patient-physician communication.

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.

Trends in medical malpractice claims in patients with cleft or craniofacial abnormalities in the United States

2016 ◽  
Vol 90 ◽  
pp. 214-219 ◽  
Author(s):  
Rounak B. Rawal ◽  
Lauren A. Kilpatrick ◽  
Jeyhan S. Wood ◽  
Amelia F. Drake
Keyword(s):  
United States ◽  
Medical Malpractice ◽  
The United States ◽  
Craniofacial Abnormalities ◽  
Malpractice Claims ◽  
Medical Malpractice Claims

scholarly journals Combat-Sustained Peripheral Nerve Injuries in the United States Military

2020 ◽  
Author(s):  
John C. Dunn ◽  
Michael D. Eckhoff ◽  
Tyler C. Nicholson ◽  
William Campbell ◽  
Kimbra Kenney ◽  
...  
Keyword(s):  
United States ◽  
Peripheral Nerve ◽  
The United States ◽  
United States Military ◽  
Peripheral Nerve Injuries ◽  
Nerve Injuries

Chronic neuropathic pain after traumatic peripheral nerve injuries in the upper extremity: prevalence, demographic and surgical determinants, impact on health and on pain medication

2019 ◽  
Vol 20 (1) ◽  
pp. 95-108
Author(s):  
Adriana Miclescu ◽  
Antje Straatmann ◽  
Panagiota Gkatziani ◽  
Stephen Butler ◽  
Rolf Karlsten ◽  
...  
Keyword(s):  
Chronic Pain ◽  
Neuropathic Pain ◽  
Peripheral Nerve ◽  
Upper Extremity ◽  
Nerve Injury ◽  
Persistent Pain ◽  
Peripheral Nerve Injuries ◽  
Nerve Injuries ◽  
Chronic Neuropathic Pain ◽  
Younger Age

AbstractBackground and aimsAside from the long term side effects of a nerve injury in the upper extremity with devastating consequences there is often the problem of chronic neuropathic pain. The studies concerning the prevalence of persistent pain of neuropathic origin after peripheral nerve injuries are sparse. The prevalence and risk factors associated with chronic neuropathic pain after nerve injuries in the upper extremity were assessed.MethodsA standardized data collection template was employed prospectively and retrospectively for all patients with traumatic nerve injuries accepted at the Hand Surgery Department, Uppsala, Sweden between 2010 and 2018. The template included demographic data, pain diagnosis, type of injured nerve, level of injury, date of the lesion and repair, type of procedure, reoperation, time since the procedure, S-LANSS questionnaire (Self report-Leeds Assessment of Neuropathic Symptoms and Signs), RAND-36 (Item short form health survey), QuickDASH (Disability of Shoulder, Arm and Hand) and additional questionnaires concerned medication, pain intensity were sent to 1,051 patients with nerve injuries. Partial proportional odds models were used to investigate the association between persistent pain and potential predictors.ResultsMore than half of the patients undergoing a surgical procedure developed persistent pain. Prevalence of neuropathic pain was 73% of the patients with pain (S-LANSS ≥ 12 or more). Multivariate analysis indicated that injury of a major nerve OR 1.6 (p = 0.013), years from surgery OR 0.91 (p = 0.01), younger age OR 0.7 (p < 0.001), were the main factors for predicting pain after surgery. The type of the nerve injured was the strongest predictor for chronic pain with major nerves associated with more pain (p = 0.019).ConclusionsA high prevalence of chronic pain and neuropathic pain with a negative impact on quality of life and disability were found in patients after traumatic nerve injury. Major nerve injury, younger age and less time from surgery were predictors for chronic pain.

Trends in Medical Malpractice Claims in Gastroenterology in the United States

2015 ◽  
Vol 110 ◽  
pp. S935
Author(s):  
Ashley M. Lane ◽  
Richard S. Bloomfeld
Keyword(s):  
United States ◽  
Medical Malpractice ◽  
The United States ◽  
Malpractice Claims ◽  
Medical 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 Impact of Defense Expenses in Medical Malpractice Claims

2012 ◽  
Vol 40 (1) ◽  
pp. 135-142 ◽  
Author(s):  
Aaron E. Carroll ◽  
Parul Divya Parikh ◽  
Jennifer L. Buddenbaum
Keyword(s):  
Medical Malpractice ◽  
The United States ◽  
Medical Professional ◽  
Liability Insurance ◽  
Medical Liability ◽  
Professional Liability ◽  
Medical Specialties ◽  
Insurance Premiums ◽  
Malpractice Claims ◽  
The Impact

Whenever health care reform is debated, the state of the medical professional liability (MPL) system (i.e., medical malpractice system) in the United States re-emerges as an issue of importance. What exactly is broken with the MPL system and what the implications are is a point of contention among different stakeholder groups. Recent data demonstrate that medical liability premiums have been improving in recent years and the majority of premiums remained flat in 2010. General agreement still exists, however, that medical professional liability insurance premiums have become unaffordable for many physicians, and coverage has become less available, especially for certain medical specialties and in specific areas of the country.Multiple factors go into the determination of medical professional liability insurance premiums including return on investments, reinsurance costs, claims frequency, average amount paid out on malpractice claims, defense expenses, and administrative costs such as underwriting expense.

Epidemiology of Peripheral Nerve Injuries in Sports, Exercise, and Recreation in the United States, 2009 – 2018

2020 ◽  
pp. 1-8
Author(s):  
Neill Y. Li ◽  
Gabriel I. Onor ◽  
Nicholas J. Lemme ◽  
Joseph A. Gil
Keyword(s):  
United States ◽  
Peripheral Nerve ◽  
The United States ◽  
Peripheral Nerve Injuries ◽  
Nerve Injuries

scholarly journals Medical Malpractice System in the United States of America: Lesson to Learn for Indonesia

Yuridika ◽  
2021 ◽  
Vol 36 (2) ◽  
pp. 367
Author(s):  
Muh Endriyo Susila
Keyword(s):  
United States ◽  
United States Of America ◽  
Medical Malpractice ◽  
Secondary Data ◽  
The United States ◽  
Screening Process ◽  
Malpractice Claims ◽  
The Usa ◽  
Medical Malpractice Claims ◽  
Online Sources

A system that serves the liability and settlement of medical malpractice disputes or commonly referred to as medical malpractice system has been established in many countries to respond the rise of medical malpractice claims against doctors. Medical malpractice system in the United States of America (the USA) has been relatively well developed as compared to other countries.  Beside adopting pretrial screening process in medical malpractice litigation, various methods of alternative to litigation have been developed in the USA. This paper aims to explore the development of the medical malpractice system in the USA and to see the possibility for Indonesia to learn. This normative legal research relies on the secondary data especially which were collected from online sources. It is found that there are some initiatives in the USA that can be adopted by Indonesia for improving its medical malpractice system, especially the establishment of pretrial screening panel. It is expected that pretrial screening process can eliminate meritless claims which later may reduce unnecessary legal actions against doctors.

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