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At least 19 recordsLinked to original sources
PubMed2001

[Medical malpractice 2000. Malpractice from the viewpoint of expert witnesses if a malpractice insurance carrier].

Insurance industry statistics on medical malpractice are rare. The authors, who are in-house medical advisors of the Allianz Versicherungs-AG, report on their assessments of medical malpractice claims in 2000. Orthopedics/traumatology (24%) and gynecology/obstetrics (18%) are the medical fields in which liability demands are currently most frequent. Deviation from the medical state of the art (41%), false diagnosis (21%) and misinformation of patients (13%) are the main actual or alleged violations of the duty of care. The results, which are meant to provide a basis for future comparisons, are discussed with a view to establishing risk management strategies. On the basis of the literature and their own the authors have compiled a set of recommendations--"Ten commandments"--for decreasing medical malpractice claims.

Expert Testimony↗
PubMed1994

The malpractice crisis and the rate of actual malpractice.

In summary, the major concern of healthcare providers regarding malpractice should be its impact on patient welfare and its reduction to an irreducible minimum, rather than concern for physicians' insurance, etc. Medicine, rather than acting defensively, should provide leadership in reducing the malpractice toll on patients. Primary remedial steps should involve the prevention of patient injury and/or death. Actual malpractice is an enormous public health problem with a yearly morbidity of approximately 350,000 patients, and a yearly mortality of approximately 50,000 patients. Effective measures would not only save lives and improve patient welfare but would eliminate enormous healthcare expenditures. The way to reduce malpractice costs, direct and indirect, is to reduce malpractice.

Data Collection↗
PubMed2000

Medical malpractice: the effect of doctor-patient relations on medical patient perceptions and malpractice intentions.

OBJECTIVE: To examine the causal effects of doctor-patient relations and the severity of a medical outcome on medical patient perceptions and malpractice intentions in the event of an adverse medical outcome. DESIGN: Randomized between-subjects experimental design. Patients were given scenarios depicting interactions between an obstetric patient and her physician throughout the patient's pregnancy, labor, and delivery. PARTICIPANTS: One hundred twenty-eight postpartum obstetric patients were approached for participation, of whom 104 completed the study. Main outcome measures Patients' perceptions of physician competence and intentions to file a malpractice claim. RESULTS: Positive physician communication behaviors increased patients' perceptions of physician competence and decreased malpractice claim intentions toward both the physician and the hospital. A more severe outcome increased only patients' intentions to sue the hospital. CONCLUSION: These results provide empiric evidence for a direct, causal effect of the doctor-patient relationship on medical patients' treatment perceptions and malpractice claim intentions in the event of an adverse medical outcome.

Adolescent↗
PubMed1983

The Massachusetts malpractice plaintiff's new hurdles: the expanding role of the medical malpractice screening tribunal.

The medical malpractice crisis of the early and mid-1970s prompted many states to enact legislation creating medical malpractice screening tribunals. This legislation often failed to define clearly the role and jurisdiction of the tribunals. The lack of statutory definition is particularly apparent where a claim before a tribunal raises primarily nonmedical issues. The changing doctrines of hospital liability, involving both medical and nonmedical determinations, illuminate this jurisdictional difficulty. This Note examines the Massachusetts courts' attempts to define the tribunal's role when the tribunal is confronted with issues of hospital liability and other unsettled areas of the substantive law of medical malpractice. The Note suggests that tribunals should be limited to deciding issues concerning medical treatment and the professional conduct of physicians and hospitals.

Hospitals, General↗
PubMed2003

[Medical malpractice in surgery I: Suspected malpractice and patterns of risks].

Medical malpractice is assumed for surgical procedures much more often than for conservative treatment. In a nut shell there can be identified three general problem areas--treatment of patient in inappropriate facilities, inadequate information of patient and lack of documentation. Several examples are given. For the assessment of assumed medical malpractice the expert opinion and consented guidelines are crucial; they both benchmark "good medical practice". Thus these two tools have to be handled and developed carefully.

Benchmarking↗
PubMed1996

Physicians' discourses on malpractice and the meaning of medical malpractice.

Recent analyses of the professions have considered the question of the changing nature of professional power. This study is an interpretive analysis of the meaning of physicians' discourse in the face of a perceived challenge to the traditional boundaries of clinical practice from malpractice suits. The data for this analysis were drawn from interviews with physicians from three specialties and from documents produced by the AMA/Specialty Society. Four modes of discourse were observed: (1) affective lament; (2) rejection of tort law; (3) complaints about a deterioration in the culture of clinical practice; and (4) a call for active campaigning. Analysis of the modes of discourse highlights both the ways in which professional power is subjected to challenge and the forms of political, financial, and cultural struggle that professional organizations and individuals engage in to resist such challenges.

American Medical Association↗