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At least 127 records · Page 7Linked to original sources
PubMed2002

Clinical decision support systems: a discussion of quality, safety and legal liability issues.

Developers of Clinical Decision Support Systems (CDSSs) have to date been more concerned with the efficacy of systems (e.g. measurable improvements in clinical outcomes) than with safety (e.g. potential for harmful side-effects). In future CDSS developers will be required (by the courts etc.) to acknowledge a "duty of care" covering all aspects of design, development and deployment. Experience in the transport, power and other safety-critical industries has led to a range of quality and safety assurance methods whose adoption may be needed before CDSSs can safely become an integral part of routine patient care, and before the trust of healthcare professionals, patients and other stakeholders can be gained. No single method will be sufficient for safe development and deployment; a range of techniques will be needed and used selectively. This paper is a contribution to discussion of quality, safety and legal liability issues in the medical informatics community.

Decision Support Systems, Clinical↗
PubMed2006

To assist or not to assist: the legal liability of midwives acting as good Samaritans.

At common law no legal duty exists to rescue. This article examines the common law position and whether NSW case of Lowns v Woods 1996 ATR 81-376 creates a new duty to rescue. Recent legislation in some states provides protection from litigation to those who assist in emergencies providing they act in good faith and without gross negligence. The implications for midwives who act as good Samaritans are discussed.

Australia↗
PubMed2006

Perception of legal liability by registered nurses in Korea.

Liability to the nursing profession is imperative if nurses are to act as an autonomous body. Assessing and communicating effectively is a vital part of nursing for patient safety. This study was designed to identify the attitudes of Korean nurses toward liability in assessment and communication and to investigate the relationship among the variables (i.e., legal awareness, attitudes toward doctor's duty to supervise nurses). The attitudes toward doctor's duty reflect the status of nurses' dependency on doctor's supervision. The study participants were 288 registered nurses in RN-BSN courses at two colleges in Korea. The level of legal awareness was measured using a 25-item Legal Awareness Questionnaire developed by the authors. The measuring instrument for attitudes toward doctor's duty to supervise nurses and nurses' liability was the Attitude toward Duty and Liability Questionnaire, which was modified by the authors. There were significant correlation between attitude toward doctor's duty and nurses' liability, but not between legal awareness and liability attitude. The results of this study suggest that the present educational content aimed at improving liability attitudes of nurses should be refocused with attitude-oriented education and should include an understanding of the increased accountability that comes with greater autonomy in nursing practice.

Adult↗
PubMed1992

Dentists, malpractice and not knowing enough: legal liability for failing to keep up with the profession.

The law imposes an obligation on you to keep current with the developments of your profession, particularly those developments which directly affect the health of your patients. From a legal perspective, you risk liability when your professional inquisitiveness and awareness falls below that of the reasonable specialist. While there is a substantial risk of being overwhelmed by the explosion of new dental knowledge, the alternative of being sued for malpractice is less attractive.

British Columbia↗
PubMed1990

Child psychiatry and legal liability: implications of recent case law.

This paper discusses some recent developments in the law which affect the practice of child psychiatry. New areas of professional liability are reviewed including the legal responsibility of the psychiatrist for "negligent" evaluations. Also discussed is the impact of child abuse legislation upon the standard of care in child psychiatry. The increasingly important role of psychiatrists in the legal system is viewed as a trend which will place the profession at greater risk of civil liability in the future. The need for generally accepted guidelines for conducting specialized evaluations is emphasized.

Child↗
PubMed1993

Legal liability and managed care.

In attempts to reduce the cost of mental health treatment, health insurers are turning to mechanisms for intensive oversight that fall under the rubric of managed care. These approaches have implications for the potential liability of clinicians and managed care entities. Clinicians may be confronted with legal duties to appeal adverse decisions, to disclose the impact of managed care on patients' treatment, and in some circumstances, to continue treatment after payment has been denied. Managed care entities are being held to duties to conduct review in a reasonable fashion, and may also have a duty to disclose the limitations managed care may place on patients' access to treatment, and to select appropriate providers of care. The law in this area is in an early stage of development and is likely to be refined.

Delivery of Health Care↗
PubMedDate not supplied

Legal liability for the acts of others: hospitals and emergency physicians.

Emergency physicians as individuals, as groups, or as corporations, have medical and legal relationships with hospitals, other physicians, and nurses. These relationships sometimes result in liability for alleged negligence being applied in complex and unexpected ways. Emergency physicians may be held responsible for the acts of others. Conversely, other parties, such as hospitals, may be held liable for the acts of emergency physicians. This paper explores the history of hospital responsibility for patient care and examines how hospital policies and actions often impact on emergency care.

Emergency Medicine↗
PubMed2006

Medico-legal liabilities of anesthesia practice in Saudi Arabia.

OBJECTIVE: The aim of this paper is to reveal the anesthesia malpractice claims that were referred to the National Medico-Legal Committee (MLC) in Riyadh KSA, in order to evaluate the magnitude and underlying factors of its medico-legal litigations. METHODS: The official records-including incidence, location, and final resolution of each claim-of all anesthesia-related medico-legal malpractice claims over the period attending from 1420-1424H (1999-2003 AD), were critically analysed. RESULTS: A total 1765 cases were referred to the various MLC over the five-year period. An increasing trend of the total number of yearly claims was observed with a sharp increase between 1422-1424H (2001-2003 AD). The private sectors and Ministry of Health services both contributed 90% of the total number of claims. Of the total number of claims, referred anesthesia-related malpractice claims consisted of 76 cases (3.8%) of which legal action against anesthesiologists was taken in 7 cases (9.1%). CONCLUSION: Of the anesthesia litigation claims, 9.1% resulted in positive legal action. More than one anesthesiologist may be involved for a given claim, and anesthesiologist may share partial responsibility with the surgeon in claims primarily targeting surgery or an incident of resuscitation. It is concluded that adherence to the standards of medical practice, is by far, the best policy to avoid or reduce the incidence of litigation.

Anesthesiology↗
PubMed1996

The consequences of knowing: ethical and legal liabilities in illicit drug research.

Ethnographic research into illicit drug use necessarily involves the researcher being aware of illegal activities. Information about illegal activities is obtained through the establishment of confidential relationships with research participants; however there are legal and ethical obligations on researchers to breach confidential relationships formed in the research environment. The recent suspension of a research project by an Institutional Ethics Committee serves to illustrate some of the processes that form the research process, shape the boundaries to legitimate knowledge and some of the consequences of knowing about illegal activities.

Confidentiality↗
PubMedDate not supplied

Legal liability in the development and use of medical expert systems.

The application of medical expert systems is likely in some instances to result in patient injury litigation. Such legal action will be based on the same principles now applicable to medical practice and products liability. These principles define legally wrongful acts, product defects, and theories of recovery: negligence, breach of warranty and strict liability. The resolution of such litigation will depend on whether the clinician should have relied on the advice of the expert system when the advice and patient treatment is alleged to have been wrong, as well as the overall quality of the expert system, its functional design, and claims made for it. Clinical engineers who become involved with expert system development, selection or implementation should understand the risk management implications of this technology.

Expert Systems↗
PubMed1984

Legal liability in the use of ultrasound by office-based obstetricians.

Ultrasound has proved to be a valuable diagnostic tool in the practice of obstetrics. Its rapidly increasing use by the office-based obstetrician, however, has opened a potential new area of legal vulnerability. The malpractice liability that may arise from its use is reviewed and practical ways to avoid it are considered.

Female↗
PubMed1985

Legal liability for occupational therapists.

In recent years technological advances, increased social awareness, and changing moral values have brought to light may legal questions in the health field. There can be little doubt that members of our profession, as well as the public, are now very aware of the possibility of malpractice. There are critical questions and issues for the occupational therapist: How can the therapist decrease the likelihood of being charged with malpractice? What standard of practice does the law apply? How may she anticipate her conduct to be judged legally? What outcome can she expect? In fact, to date there have been no malpractice claims against occupational therapists in Canada but the Canadian Association of Occupational therapists has arranged for malpractice coverage. Nevertheless, the therapist is responsible for administering the reasonable skill and care that are recognized as appropriate by at least a significant minority of the profession. As in all aspects of the health field, prevention is to be preferred.

Canada↗
PubMed1989

The legal liability of the medical consultant in pregnancy.

The potential for professional liability that accompanies complications associated with obstetric care can be minimized by an understanding of the roles and responsibilities of both the consultant and the obstetrician. Critical to this is a fundamental knowledge of the medical malpractice action from a legal perspective. This article discusses several issues involved in professional liability as it relates to the obstetrician/gynecologist.

Clinical Competence↗
PubMed1987

Legal liability with psychotropic drug use: extrapyramidal syndromes and tardive dyskinesia.

The use of medication has become essential to the practice of modern psychiatry. Despite the enormous benefits associated with the administration of psychotropics, these drugs also carry the risk of significant adverse reactions. The legal implications of side effects of antipsychotic agents are explored. The particular focus is on the potentially serious liability confronting the psychiatrist whose patient develops delayed neuromuscular complications. Whenever neuroleptic medication is used, it is crucial for all psychiatrists to be cognizant of the need to obtain voluntary informed consent in the context of clinically appropriate treatment.

Basal Ganglia Diseases↗