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At least 19 recordsLinked to original sources
PubMed1991

Legal liability for injury to research subjects.

In Weiss vs Solomon, the heirs of a subject who died while a volunteer in a nontherapeutic study successfully sued the investigator and his university-affiliated hospital. Without referring to any 'standard of practice', including the MRC Guidelines, the judge found the principal investigator and the hospital (for its research ethics committee) equivalently responsible for not disclosing a rare but fatal complication caused by fluorescein dye and not adequately screening the subject, who suffered from undisclosed hypertropic cardiomyopathy. From the point of view of research institutions, members of research committees, and the investigators themselves, the judgement has left serious uncertainty and ambiguity concerning their responsibilities for subject selection and safety, and disclosure for the purposes of informed consent.

Clinical Trials as Topic↗
PubMed1991

The legal liability of doctors and hospitals for medical malpractice.

A broad overview of the fundamental principles relating to legal liability for medical malpractice is presented. The issues expounded, discussed and illustrated are the nature and consequences of the relationship between doctor/hospital and patient, effective consent as a requisite of lawful medical interventions, emergency treatment, medical negligence and the vicarious liability of doctors/hospitals for the negligence of others.

Hospitals↗
PubMed1990

Impact of legal liability, family wishes, and other "external factors" on physicians' life-support decisions.

PURPOSE: The purpose of this study was to determine the impact of external factors on physicians' life-support decisions. "External factors" are those factors that promote the interests of people other than the patient. Examples of external factors include physician legal liability and family wishes about patient care. SUBJECTS AND METHODS: A nationwide sample consisted of 300 randomly selected physician-members from the American Society of Law and Medicine (ASLM) and 300 from the Society for Critical Care Medicine (SCCM); 179 ASLM physicians (60%) and 165 SCCM physicians (55%) responded. A mailed questionnaire presented three cases, each requiring the physician to make a life-support decision. For each case, the physician chose one of several life-support options and rated the importance to his or her decision of specific "decision factors," including some external factors. We assumed the physician would choose the management option supported by the decision factors that the physician considered most important. For this reason, we used discriminant analysis to identify the factors whose importance ratings best predicted management choices. RESULTS: In the first case, 46% of ASLM respondents and 55% of SCCM respondents chose to stop the ventilator of a chronically comatose patient with unknown preferences about life support. Thirty-one percent of ASLM and 27% of SCCM respondents chose to continue the ventilator, and 21% of ASLM and 14% of SCCM respondents chose to apply for a judicial decision. Importance ratings for the external factor, physician legal liability, best predicted management choices. In the second case, 95% of ASLM and 94% of SCCM respondents chose to resuscitate a cancer patient at the patient's request; 3% of ASLM and 4% of SCCM respondents chose no resuscitation. Importance ratings for patient preferences best predicted management choices. In the third case, 38% of ASLM and 35% of SCCM respondents honored a stroke patient's previous refusal of tube feedings, but 59% of ASLM and 62% of SCCM respondents authorized tube feedings in order to secure nursing home placement. Importance ratings for patient preferences best predicted management choices in this case. External factors impacted management choices considerably in the first case and more modestly in the second and third cases. CONCLUSION: External factors impact the life-support decisions of physicians. Physician legal liability may have an especially great impact on these decisions when patients' preferences are not known.

Decision Making↗
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↗
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↗
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↗
PubMed1990

Legal liability for transfusion injury in the acquired immunodeficiency syndrome era.

The emergence of the acquired immunodeficiency syndrome has wrought changes that have affected not only medicine and science, but many aspects of our social and political structures. In 1983 when it clearly became evident that acquired immunodeficiency syndrome could be transmitted by transfusions of blood components and products, blood banks became the focus of intense scrutiny by the public as well as by the mass media. Suddenly it was known that people could contract acquired immunodeficiency syndrome even though they had not engaged in activities known to place them at increased risk for acquiring infection with the human immunodeficiency virus type 1. In many ways the general fear evoked was, and remains, disproportionate to the risks posed by transfusions. This fear coupled with a general distrust of blood banks may also be reflected in the legal response to people infected with human immunodeficiency syndrome type 1 through transfusions. Further, whether the fault system of our tort law is an appropriate way to determine compensation for people injured by transfusion has been brought into question. For those people injured prior to our recognition of acquired immunodeficiency syndrome, the failings of the current system are most obvious.

Acquired Immunodeficiency Syndrome↗