SEARCH · PubMed Health

Results for “Litigation”

Explore indexed PubMed citations for clinical trials, systematic reviews and public health research. Read source abstracts and follow each citation to its original PubMed record.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

At least 1,801 records · Page 100Linked to original sources

PubMed1991

Practice patterns of obstetricians and gynecologists in Jacksonville, Florida.

Ninety members of the Jacksonville Obstetrical and Gynecological Society were surveyed as to their practice patterns; 55 responded. Due to fear of litigation, 34% had stopped delivering obstetrical care and 63% plan to discontinue perinatal care during the next ten year. At least one malpractice claim had been filed against 51%; 9% had two, and 11% three or more. Prenatal and intrapartum testing has increased primarily because of fear of litigation. Obstetric fees increased 44% during the last five years, according to the survey, compared to a Consumer Price Index rise of 20%. Mean malpractice premiums rose 42% during the same interval.

Adult↗

PubMedDate not supplied

The malpractice crisis in obstetrics and gynecology: is there a solution?

The malpractice ripoff began when the no-fault automobile accident law was passed. Many lawyers were in a panic at this time and turned to medical malpractice litigation to make a living. It became the conduit to quick wealth. The patient was the loser, the lawyer the winner, and the physician often devastated by the patient's ingratitude. For a patient-plaintiff to maintain a successful lawsuit for medical negligence against a physician, four elements must be alleged and proved in a court of law: duty, breach of duty, causation, and damages. Each must be proved by a patient to prevail against a physician. Since this is very difficult to do, the lawyers have subtly brought in a new approach called maloccurrence. This is defined as a bad outcome unrelated to the quality of care provided. The lawyers need not prove the four elements to win a malpractice case; many are won on deceit and in violation of the law by introducing the concept of maloccurrence. Not only are tort reforms needed but out of court alternatives must be mandated by law or our health care delivery system will be destroyed. Government interference and the malpractice ripoff has had a devastating effect on the talent attracted to medical school, and the number of applicants is falling rapidly. The medical malpractice crisis could soon be translated into a health delivery service crisis. Concerned citizens must join together with the medical profession and leaders of the legal profession to halt this monstrous injustice. The litigation milieu has not only paralyzed the health care industry but it has had a devastating effect across the board on the way Americans live and do business. It must be solved now for justice delayed is justice denied.

Cerebral Palsy↗

PubMedDate not supplied

State level expert review committees--are they protected?

Recently, the functioning of State-level expert review committees, operating under the auspices of professional medical societies, has become problematic. In particular, an increased number of State maternal mortality review committees have become inactive or disbanded primarily because of concern over liability of committee members and committee proceedings being used in litigation. A study was conducted of legal protection of the expert review process at the State level. The relevant immunity and privilege statutes of each State and the protection afforded by State law were analyzed. Findings show that, in all but a few States, the legal risk of participating in expert review is negligible. Most States have statutes that protect information involved in the review process from disclosure or use in subsequent litigation. Laws in most States also protect participants in the review process (both members of committees and providers of information) from civil liability.

American Medical Association↗

PubMed1990

'Duty to warn' vs. 'patient confidentiality': the ethical dilemmas in caring for HIV-infected clients.

An ethical dilemma that health professionals working with HIV-infected clients currently face is the issue of maintaining patient confidentiality vs. the professional's duty to warn persons at potential risk for acquiring the virus. Multiple factors are involved when trying to resolve what a health professional's obligations are when he or she becomes aware of a risk to another individual. Professional standards require that patient confidentiality be maintained in order to promote a helping relationship. Yet, the well-being of the one at risk must be considered. Legal precedents with other sexually transmitted diseases have been established that place the burden upon the clinician to warn in order to prevent litigation. Yet, an action on the part of the clinician should not be carried out just to prevent litigation. Actions that are taken should consider what is healthiest for all parties involved. Two cases are presented that cite specific instances in which a sexual partner was put at risk. A flow chart is presented that should assist in decision-making.

Acquired Immunodeficiency Syndrome↗

PubMed1990

Medical experts compete to testify for malpractice plaintiffs.

This article describes the activities of physicians who offer their services for hire as witnesses and consultants to attorneys in malpractice litigation. Cases illustrating the extent of the problem are discussed along with legal and ethical restrictions on witnesses and contingent-fee payment of medicolegal consultants. A common belief is that the ever-present threat of malpractice litigation, which hangs over the heads of physicians like the sword of Damocles, is due to avaricious lawyers, unrealistic expectations of patients, and the reckless generosity of juries with other people's money. But physicians also have exacerbated a troublesome situation. Gone is the universal reluctance of doctors to testify against other doctors.

Ethics, Medical↗

PubMed1990

Remedies by competitors for false advertising.

Patients who are victimized as a consequence of false medical advertising are not the only ones who can sue for damages. Under section 43(a) of the Lanham Act, effective November 17, 1989, anyone "who believes that he or she is or is likely to be damaged" by deceptive advertising may bring a civil action for damages (1). Competing physicians may sue other physicians who falsely advertise that they possess unique skills and achieve better results than other physicians because they employ exclusive methods of treatment or claim that certain surgical procedures they perform in the office are absolutely safe and without risk or who advertise false professional credentials to lure patients. Voluntary informed consent excludes the use of deceit. Misrepresentation through advertising deprives a patient of the right to exercise an informed consent (2). A patient who relies on a doctor's false advertising in agreeing to a procedure that causes the patient injury may sue for malpractice even if the procedure was performed without negligence. False medical advertising also exposes the advertiser to litigation by competitors for unfair competition. This article is concerned with the remedy that may be available for instituting private litigation against physicians and other health care providers who engage in untruthful advertising.

Advertising↗

PubMedDate not supplied

Some distinctions between malpractice and disciplinary proceedings.

Today most dentists are aware of the amount of litigation initiated by former patients alleging misconduct. However, few dentists seem to be aware of the number of disciplinary proceedings that have been brought against dentists and hygienists. This article describes some of the more significant differences between malpractice litigation and disciplinary proceedings.

Humans↗

PubMed1989

Headache and facial pain associated with head injury.

Head injury frequently results in headache and at times facial pain. Controversy concerns the relationship of injury in the head and neck area to chronic headache, particularly when no apparent structural traumatic lesion is demonstrable. Neuropathological studies suggest with concussion there is neuronal injury without gross pathology. Closed head injury of seemingly minor degrees may lead to chronic symptoms, often stereotypic, similar to those following concussion, and they have been described by the term post head trauma syndrome or postconcussional syndrome. Headache after head injury in an individual warrants careful medical, neurological, and neuroimaging assessment. The use of neuroimaging has greatly enhanced diagnosis in head-injured patients but has not satisfactorily clarified post head trauma symptoms in the less severely traumatized. Differential diagnosis is critical to avoid missing disabling, progressive, and life-threatening entities. In patients with head trauma neck injury should be sought. The headache may be nonspecific or mimic common nontraumatic headache disorders such as tension, migraine, and cluster. Recovery may include headache, psychological symptoms, and cognitive impairment. Neuropsychological assessment can be helpful in demonstrating deficiencies in mildly impaired individuals and explain the poor response to headache therapy in some patients suggesting more widespread injury. Therapy of head and facial pain follows the careful diagnosis and, if needed, assessment of the psychological status. Surgery, drug therapy, physical modalities, and at times a comprehensive neuropsychological rehabilitation program are necessary. Simple analgesics such as nonsteroidal antiinflammatory agents for short-term treatment and tricyclic antidepressants for chronic pain are most often effective in patients without structural damage. More complex medication regimens may include beta adrenergic blockers and monamine oxidase inhibitors. Since many injuries result from motor vehicle accidents, work-related factors, and other instances in which litigation may result, legal elements may be involved. Most often the prognosis is favorable for resolution of symptoms but a small percentage of patients will have persistent symptoms after three years. The notion that litigation prolongs the duration of the illness is not valid. In the past two decades great advances have been made in neurodiagnosis, and parallel therapeutic advances are expected in the near future.

Brain Injuries↗

PubMed1989

Subpoenas and library operations: rules and recourse.

The subpoena process represents a legal obligation and duty of citizenry and is becoming a fact of life in the operations of many libraries. Regardless of whether a library is directly involved in litigation, the library director may be faced with adjusting operations to compensate for the loss of personnel, collection materials, or other resources in order to accommodate the demands of a subpoena. This paper outlines the formal subpoena process and highlights a number of scenarios by which the library may become a part of the process. The area of computer law, in particular, may present a "growth phase" in library litigation. In addition, recommendations to minimize the service interruptions caused by the subpoena are offered. The director must assist library counsel in formulating a response to challenge, modify, or quash (throw out) the subpoena. Efforts to quash the subpoena require proof that the materials requested are irrelevant to the case, not subpoenaed for "good cause," or that compliance would be unduly oppressive and burdensome. In any case, the library director must be fully prepared to educate counsel on the potential impact of the subpoena.

Libraries↗

PubMedDate not supplied

Medical malpractice: a case study in medical and legal decision making.

The conference was organized in part to dispel some of the misinformation that interferes with cooperative efforts of attorneys and physicians to redress the malpractice situation. During discussion of the hypothetical case, participants identified how medical decision-making responsibilities were allocated among health care providers caring for the patient. Panel members suggested ways in which medical decision making might be affected by non-medical factors such as third-party reimbursement (e.g., selection of inpatient or outpatient setting, the opportunity to discuss issues related to informed consent prior to the day of a procedure) and potential malpractice litigation (e.g., documentation in charts, use of diagnostic procedures). The characterization of decision-making roles and responsibilities differed somewhat for purposes of malpractice litigation; that is, which caregivers might be named as defendants. Panel members reconstructed the development of the medical incident into a legal case. Plaintiff's attorney commented that it is often a hospital employee who advises the family to consult an attorney and described some of the constraints on information gathering (e.g., the rule of "discovery" requiring that suit be filed before defendants can be forced to give statements about what happened, insurance contract provisions prohibiting physicians from talking without legal counsel present to persons who indicate that they plan to file suit). He also briefly explained the rationale for the contingency fee arrangement in these cases. Describing the role of the medical expert witness and the need to review the medical record, he outlined the process of deciding whether to pursue a malpractice case. In making this decision, plaintiff's attorney evaluates the facts to identify issues in the case, to determine if there are deviations from the standard of care, and to try to predict jury reaction. If a suit is filed, defense attorneys employed by the hospital, insurance company, or individual defendants will decide, based on facts including coverage limits, possible publicity, and likelihood of successful prosecution, whether the case should be settled and for what amount. Interests represented by the defense attorneys differ and may affect settlement strategies. Physician feelings of concern for the patient/family or desire for vindication will, to varying degrees, be factors in the decision to try or settle a case. Panel members explored several important policy issues. Among these were the effect of malpractice cases on doctor-patient communications and ethical issues concerning expert witnesses.(ABSTRACT TRUNCATED AT 400 WORDS)

Decision Making↗

PubMed1989

Product liability in the medical laboratory.

Under recent product liability legislation patients who suffer damage from any treatment materials administered to them will not have to prove negligence in order to claim compensation for any injury suffered. Optimum quality assurance and detailed documentation will be necessary for defence against litigation by a patient. Transfusion medicine is the main area of laboratory practice where litigation can be expected, but implications for other medical laboratories are referred to.

Blood Transfusion↗

PubMedDate not supplied

The psychiatric epidemic in the American workplace.

Several characteristics help distinguish MPI in the workplace from illness outbreaks due to physical causes: no laboratory or physical findings confirming an specific organic cause evidence of specific physical or psychological stressors victims are mostly women and those of lower socioeconomic status in the workplace hyperventilation-type symptoms are prominent apparent transmission by audiovisual cues rapid spread of the illness followed by rapid remission of symptoms, unless symptoms are fixed by physicians and litigation benign morbidity If a physical or chemical cause of the illness is not obvious and if episodes recur, the illness remains a mystery and the workplace becomes a breeding ground for anxiety, confusion, fear, and rumor. Economic pressures to resume normal operations are counteracted by fears that an environmental contaminant still exists. Once all physical explanations have been ruled out, investigators may turn to psychological explanations and focus on mass hysteria, but that explanation is primarily based on the absence of physical evidence rather than the presence of agreed-upon psychosocial conditions. Some reports suggest that the diagnosis of MPI is really an excuse for not conducting an adequate evaluation of low-level environmental contaminants. The disability in some workers is prolonged and points to non-work-related factors that may be contributing. Were it not for the unverifiable physical complaints and the workers' insistence that the symptoms are the result of physical disease and their concern about the complaints and their reactions to dismissal of their complaints, we would not consider these patients to have a mental disorder. These individuals are reinforced in their beliefs by some physicians and attorneys, and resultant litigation tends to fix their symptoms. In fact, a "conspiracy theory" evolves when there are enough convinced people--and enough people trying to dissuade them. Group phenomena reinforce their beliefs and make renouncement tantamount to betrayal. The mass psychogenic illness or psychiatric epidemic that occurs in the workplace offers an opportunity not only to study the elements of a biopsychosocial system, but also offers opportunities for medical anthropological studies that relate the causes and courses of specific episodes of MPI to the cultures of the individuals who develop symptoms and the cultures of the area in which the epidemic occurs.

Disease Outbreaks↗

PubMed1988

Claims of psychiatric injury after alleged false arrest.

Litigation has increased rapidly in the United States; those who feel aggrieved sue readily for damages. Police officers and security people may be sued after arrests or detention followed by unsuccessful prosecution or dropping of criminal charges. Claims of psychiatric injury may be made where there are no discernible damages otherwise. Examiners must keep in mind that physical abuse or grossly inappropriate police behavior may be factors in the ultimate results. This paper reviews 13 cases of claimed psychiatric injury after arrest. Almost all were settled, some for significant amounts. Appropriateness of evaluation, the value of nuisance suits in this type of litigation, the role of attorneys' fees, and the effect of Federal suits as opposed to state suits are discussed.

Adult↗

PubMed1988

Changing practice habits of King County obstetricians.

In 1987, all practicing King County, Washington obstetricians (N = 181) were surveyed to determine the impact of rising malpractice premium rates and the threat of litigation on their obstetric practices. Six percent of respondents anticipated closing their practices over the next year, which means an additional 520 deliveries will have to be absorbed into existing obstetric practices. Of the 71% who increased their professional fees in 1986, 90% attributed the increase to higher malpractice premiums and increased risk of litigation.

Adult↗

PubMed1987

Legal aspects of athletic injuries to the head and cervical spine.

The author discusses the history of athletic litigation, some reasons for its proliferation, and the effects of such litigation on schools, equipment manufacturers, and others involved with athletics. Some suggestions are offered for minimizing the risk of becoming a defendant in a lawsuit.

Athletic Injuries↗

PubMedDate not supplied

Emotional response to malpractice suits: should residents be prepared?

Previous studies have indicated that physicians often react to malpractice litigation with potentially severe emotional distress. The authors surveyed the family practice residencies in Illinois to determine what these programs are doing to prepare residents for possible malpractice suits. Results indicate that in Illinois the majority of programs do not address the issue. In addition to the survey, a proposal is made regarding what residencies can do to institute a program lessening the impact of future litigation upon the emotional well-being of their residents.

Adaptation, Psychological↗

PubMed1986

False accusations of physical and sexual abuse.

Child sexual abuse is sometimes mistakenly over-reported. This discussion of seven cases focuses on one potential area which can generate a substantial segment of false positives: conflicted domestic relations litigation situation. Such situations generate striking, regressive affect and behavior especially when issues of child custody or visitation erupt. Parental regression has been discussed in the literature, but children regress too: behavioral symptoms erupt with vegetative and social disruption, and instinctual material regarding both sex and anger is more accessible to consciousness than is age-appropriate. Heightened instinctual forces in children and regressive loosening of pre-litigation character defenses in adults, both in the context of stressful family breakdown, combine to generate genuine perceptions of abuse but invalid reports.

Adolescent↗

PubMed1985

The family physician as a legal consultant.

Family physicians have a responsibility to their peers and patients to participate in malpractice litigation in a manner that ensures that evidence is properly and thoroughly evaluated. Family physicians have not routinely involved themselves as expert witnesses in medical malpractice litigation because of lack of training, misconceptions about their role, and distrust of attorneys. The role of expert medical witness requires an ability to interact with attorneys, witnesses, and courts of law as well as a clear understanding of the malpractice process and the law that governs such proceedings. Philosophical differences, rationale for participation, and the malpractice process are discussed in this paper, and guidelines for the expert witness are presented.

Consultants↗

Refine your search to explore more results.