Medical malpractice ≈ Medical malpractice
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Rates and Characteristics of Paid Malpractice Claims Among US Physicians by Specialty, 1992-2014 Open
Between 1992 and 2014, the rate of malpractice claims paid on behalf of physicians in the United States declined substantially. Mean compensation amounts and the percentage of paid claims exceeding $1 million increased, with wide differenc…
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Are Current Tort Liability Doctrines Adequate for Addressing Injury Caused by AI? Open
As capabilities of predictive algorithms improve, machine learning will become an important element of physician practice and patient care. Implementation of artificial intelligence (AI) raises complex legal questions regarding health care…
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Malpractice litigation following spine surgery Open
OBJECTIVE Adverse events related to spine surgery sometimes lead to litigation. Few studies have evaluated the association between spine surgical complications and medical malpractice proceedings, outcomes, and awards. The aim of this stud…
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Defensive medicine: It is time to finally slow down an epidemic Open
Defensive medicine is widespread and practiced the world over, with serious consequences for patients, doctors, and healthcare costs. Even students and residents are exposed to defensive medicine practices and taught to take malpractice li…
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Allegations of Failure to Obtain Informed Consent in Spinal Surgery Medical Malpractice Claims Open
Lack of informed consent is an important cause of medical malpractice litigation. Although associated with a lower rate of indemnity payments, malpractice lawsuits, including informed consent allegations, still present a time, money, and r…
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Medical Malpractice Lawsuits Involving Surgical Residents Open
This review of malpractice cases involving surgical residents highlights the importance of perioperative management, particularly among junior residents, and the importance of appropriate supervision by attending physicians as targets for …
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Medical errors, medical negligence and defensive medicine: A narrative review Open
Error in medicine and medical liability has a long history dating back to Antiquity. During the 19th Century, most lawsuits related to errors in treating surgical problems were settled. However, in the first half of the 20th Century, lawsu…
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Records of medical malpractice litigation: a potential indicator of health-care quality in China Open
To assess the characteristics and incidence of medical litigation in China and the potential usefulness of the records of such litigation as an indicator of health-care quality.We investigated 13 620 cases of medical malpractice litigation…
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Reported Cases of Medical Malpractice in Direct-to-Consumer Telemedicine Open
In response to physicians’ concerns about exposure to malpractice risk in direct-to-consumer (DTC) telemedicine, this study reviews the LexisNexis legal case database for reported cases of medical malpractice related to DTC telemedicine se…
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An Analysis of the Number of Medical Malpractice Claims and Their Amounts Open
Starting from an extensive database, pooling 9 years of data from the top three insurance brokers in Italy, and containing 38125 reported claims due to alleged cases of medical malpractice, we use an inhomogeneous Poisson process to model …
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Multisource Evaluation of Surgeon Behavior Is Associated With Malpractice Claims Open
Objective: We merged direct, multisource, and systematic assessments of surgeon behavior with malpractice claims, to analyze the relationship between surgeon 360-degree reviews and malpractice history. Background: Previous work suggests th…
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Defensive Medicine: A Case and Review of Its Status and Possible Solutions Open
Malpractice liability systems exist, in part, to provide compensation for medical malpractice, corrective justice for those injured by it, and to incentivize quality care by punishing substandard care. Defensive medicine is loosely defined…
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Medical Malpractice Reform—Historical Approaches, Alternative Models, and Communication and Resolution Programs Open
The privacy of patient information is protected by the US Department of Health and Human Services (HHS) under the Health Insurance Portability and Accountability Act (HIPAA
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Medical malpractice in spine surgery: a review Open
Medical malpractice is an important but often underappreciated topic within neurosurgery, particularly for surgeons in the early phases of practice. The practice of spinal neurosurgery involves substantial risk for litigation, as both the …
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AI and professional liability assessment in healthcare. A revolution in legal medicine? Open
The adoption of advanced artificial intelligence (AI) systems in healthcare is transforming the healthcare-delivery landscape. Artificial intelligence may enhance patient safety and improve healthcare outcomes, but it presents notable ethi…
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New Rules on Patient’s Safety and Professional Liability for the Italian Health Service Open
Background: The phenomenon of clinical negligence claims has rapidly spread to United States, Canada and Europe assuming the dimensions and the severity of a pandemia. Consequently, the issues related to medical malpractice need to be stud…
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A 12-year analysis of closed medical malpractice claims of the Taiwan civil court Open
Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claim…
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Defensive medicine among neurosurgeons in the Netherlands: a national survey Open
Relative to their American peers, Dutch neurosurgeons view their insurance premiums as less burdensome, their patients as a smaller legal threat, and their practice as less risky in general. They are sued less often and engage in fewer def…
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Systematic review of the factors and the key indicators that identify doctors at risk of complaints, malpractice claims or impaired performance Open
Objective To identify the risk factors associated with complaints, malpractice claims and impaired performance in medical practitioners. Design Systematic review. Data sources Ovid-Medline, Ovid Embase, Scopus and Cochrane Central Register…
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Retrospective analysis of medical malpractice claims in tertiary hospitals of China: the view from patient safety Open
Objectives The study analysed medical malpractice claims to assess patient safety in hospitals. The information derived from malpractice claims reflects potential risks and could help lead to reducing medical errors and improving patient s…
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The Ecology of Defensive Medicine and Malpractice Litigation Open
Using an evolutionary game, we show that patients and physicians can interact with predator-prey relationships. Litigious patients who seek compensation are the 'predators' and physicians are their 'prey'. Physicians can adapt to the risk …
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Patients’ Rights, Medical Error and Harmonisation of Compensation Mechanisms in Europe Open
In 1999 the Institute of Medicine reported that most medical injuries relate to unavoidable human error in a context of system failure. Patient safety improves when healthcare providers facilitate blame-free reporting and organisational le…
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An Analysis of Malpractice Litigation and Expert Witnesses in Plastic Surgery. Open
Objective: Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation.…
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Malpractice Concerns, Defensive Medicine, and the Histopathology Diagnosis of Melanocytic Skin Lesions Open
One of four US skin pathologists upgrade MSL diagnosis due to malpractice concerns, and nearly all practice assurance behaviors. Assurance behaviors are associated with rendering a more severe MSL diagnosis.
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Characteristics of Medical Liability Claims Against Dermatologists From 1991 Through 2015 Open
Male dermatologists were sued more often than female dermatologists. Overall, alleged errors in procedures and misdiagnosis gave rise to the most lawsuits. Dyschromia was the most common adverse outcome alleged in lawsuits.
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An Examination of Medical Malpractice Claims Involving Physician Trainees Open
Purpose To identify patient-, provider-, and claim-related factors of medical malpractice claims in which physician trainees were directly involved in the harm events. Method The authors performed a case–control study using medical malprac…
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Assessment of malpractice claims due to spinal epidural abscess Open
OBJECTIVE Spinal epidural abscesses (SEAs) can be difficult to diagnose and may result in neurological compromise or even death. Delays in diagnosis or treatment may worsen the prognosis. While SEA presents a high risk for litigation, litt…
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Defensive caesarean section: A reality and a recommended health care improvement for Romanian obstetrics Open
Rationale Defensive caesarean section (CS) has become one of the most common medical procedure worldwide. Additionally, performing CS in accordance with the patient's choice is an appropriate professional practice. Aims and Objective This …
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Variables That Impact Medical Malpractice Claims Involving Plastic Surgeons in the United States Open
Variables that may reduce malpractice claims, and thereby both improve the quality and affordability of healthcare, include: (1) the use of procedure-specific patient education brochures; and (2) physician participation in malpractice insu…
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Emergency Department and Urgent Care Medical Malpractice Claims 2001–15 Open
This retrospective review updates the body of knowledge surrounding medical professional liability and represents the most recent analysis of claims in emergency medicine. As the majority of emergency providers will be named in a MPL claim…