MedWorm: Malpractice

Memo Reveals Obama Thinking on Malpractice

MedPage Today Public Health — Fri, 03 Feb 2012 17:54:33 +0100

WASHINGTON (MedPage Today) -- A memo from two White House aides to President Obama reveals the administration's thinking on medical malpractice reform and its role in passage of the Affordable Care Act. (Source: MedPage Today Public Health)

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Defending Yourself Against a Medical Malpractice Claim

Physicians Practice — Thu, 02 Feb 2012 12:00:00 +0100

You've heard all the guidance about the importance of good patient relations and documentation as a way to avoid a malpractice suit. But now, you think you may have a problem. Here's what to do. (Source: Physicians Practice)

In Massachusetts, Blues Ink Pact with Partners HealthCare to Implement Alternative Quality Contract with Global Payment

Dark Daily — Wed, 01 Feb 2012 11:00:12 +0100

Early evidence is that the AQC arrangement encourages providers to more carefully utilize ancillary services, including clinical laboratory and pathology testing Much attention is being given to the new healthcare payment models being introduced by the Medicare program during 2012. However, quietly—and with much less publicity—private health plans are deploying innovative, value-based payment models. These [...] (Source: Dark Daily)

The prevalence of defensive orthopaedic imaging: a prospective practice audit in pennsylvania.

The Journal of Bone and Joint Surgery. American volume — Wed, 01 Feb 2012 05:00:00 +0100

CONCLUSIONS: In a prospective practice audit of orthopaedists, defensive imaging was found to be both common and costly. Recent litigation experiences and longer duration of orthopaedic practice were independent predictors of an increased use of defensive practices in ordering imaging studies. This real-time audit showed that a large proportion of MRI studies were ordered for primarily defensive medicine reasons. PMID: 22298064 [PubMed - in process] (Source: The Journal of Bone and Joint Surgery. American volume)

Paper Clips For Root Canals Lands Dentist In Jail

Health News from Medical News Today — Tue, 31 Jan 2012 22:00:00 +0100

When dentists do a root canal they are supposed to use steel posts, and definitely not paper clips. A dentist from Massachusetts has just received a 1-year prison sentence at the Bristol County House of Correction, for using paper clips for just such procedures - he had faced charges of assault and battery, as well as defrauding Medicaid to the tune of $130,000, and intimidating a witness. Dr. Michael Clair, according to prosecutors, in an effort to reduce costs, would use parts of paper clips for root canals. A number of patients developed a range of problems, including infections... (Source: Health News from Medical News Today)

Non-Specialists Expand Into Lucrative Cosmetic Surgery Procedures

NYT — Tue, 31 Jan 2012 21:10:08 +0100

With declining insurance reimbursements, more doctors are expanding their practices to include things like breast augmentation and liposuction paid for out-of-pocket by patients. (Source: NYT)

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Healthcare’s Vulture Capitalists

Physicians Practice — Mon, 30 Jan 2012 12:00:00 +0100

Although most malpractice claims are meritless, lawsuits are apparently becoming more common. And, suing doctors is getting easier to finance. (Source: Physicians Practice)

You can’t say that

American Journal of Orthodontics and Dentofacial Orthopedics — Sun, 29 Jan 2012 16:46:13 +0100

You have decided to be an expert witness for the defense in a malpractice case. You are board certified and have lots of other supporting credentials. Your testimony was taken at a de benne esse deposition. This type of deposition is videotaped and taken in anticipation of your being unavailable to testify at the trial. At this type of deposition, you are sworn in as you would be at the trial, you provide your direct testimony, and you are also cross-examined by the opposing counsel. The entire deposition is preserved, and the recording can then be introduced at the trial if you cannot appear. (Source: American Journal of Orthodontics and Dentofacial Orthopedics)

Programs offer alternative to malpractice suits when newborns suffer neurologic injury [PEDIATRICIANS AND THE LAW]

AAP News — Sun, 29 Jan 2012 05:00:00 +0100

(Source: AAP News)

Federal Government Agrees to Open Access to Medicare Data about Individual Doctors

Dark Daily — Fri, 27 Jan 2012 11:00:26 +0100

Experts predict employers will use this data to create “report cards” on individual physicians In a big step forward for public access to data about provider outcomes, the Department of Health and Human Services (HHS) will make its enormous Medicare claims database more broadly available to the public. Both the press and the public will [...] (Source: Dark Daily)

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The Bay Citizen: Nursing Homes in California Confront Pharmacists’ Errors

NYT Health — Fri, 27 Jan 2012 06:05:16 +0100

Pharmacists responsible for reviewing the medication of patients in California nursing homes routinely allowed inappropriate and potentially lethal prescriptions of antipsychotic medications. (Source: NYT Health)

"Doctors make mistakes. Can we talk about that?" ED physician Brian Goldman's TED talk

Clinical Cases and Images — Thu, 26 Jan 2012 13:45:00 +0100

Dr. Goldman asks if you know your surgeon's "batting average" of operations with good outcomes. He mentions the three words you never want to hear: "Do you remember?" It's a good TED talk: Every doctor makes mistakes (just like everyone does). But, says Dr. Goldman, medicine's culture of denial (and shame) keeps doctors from ever talking about those mistakes, or using them to learn and improve. Telling stories from his own long practice, he calls on doctors to start talking about being wrong. Here are some simple steps to avoid medical errors from a patient's perspective (source: CNN): 1. Say: "My name is Mary Smith, my date of birth is October 21, 1965, and I'm here for an appendectomy." 2. Say: "Please check my ID bracelet." 3. Say: "Please look in my chart and tell me what procedur...

Consignment closets, 'stock and bill' arrangements still a viable option

Medical Economics - Malpractice — Wed, 25 Jan 2012 05:00:00 +0100

In the age of heightened regulatory scrutiny, you may question whether consignment closet relationships are legal. If properly structured they can be especially beneficial to patients in need of expensive medical devices. (Source: Medical Economics - Malpractice)

Clinical Pathology Labs Take Note! Six ACO Early Adopters Seek Accreditation from NCQA

Dark Daily — Tue, 24 Jan 2012 11:00:31 +0100

Clinical laboratory managers and pathologists can expect ACOs to impact competition for laboratory services Six accountable care organizations (ACO) stepped up and applied for accreditation through the National Committee for Quality Assurance (NCQA). In many ways, this marks the beginning of the ACO era in American healthcare. These six intrepid first-mover organizations will be familiar [...] (Source: Dark Daily)

Classified

Annals of Emergency Medicine — Fri, 20 Jan 2012 19:16:32 +0100

TEXAS, Austin: RARE MEDICAL DIRECTOR OPPORTUNITY IN AUSTIN! Ideal candidate will be board-certified in Emergency Medicine with previous medical director experience. EXCEPTIONAL LOCATION: Live the good life in highly sought-after Austin, Texas. EXCEPTIONAL FACILITY: Work in 35,000-volume ED at award-winning flagship hospital. EXCEPTIONAL GROUP: Emergency Service Partners, LP is a stable, physician-owned and operated partnership with 20+ hospitals and 300+ providers, dedicated to quality care and patient satisfaction. Enjoy competitive productivity-based compensation, excellent work environment, two-year partnership track, equitable scheduling, and paid malpractice/tail coverage—all with tort reform and no state income tax. Strong medical director leadership is the key to our success! Cont...

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State Supreme Court Throws Out Part of Law Dealing with Medical Malpractice

Arkansas Business - Health Care — Thu, 19 Jan 2012 17:13:11 +0100

The Arkansas Supreme Court has thrown out part of a law that specifies what kind of doctors can testify as experts in medical malpractice cases. (Source: Arkansas Business - Health Care)

Finding and fixing diagnosis errors: can triggers help?

Quality and Safety in Health Care — Thu, 19 Jan 2012 05:00:00 +0100

Imagine conferring with your clinician colleagues and being handed a plateful of all of your missed and delayed diagnoses. But, imagine further that, rather than a nightmare of ghosts returning to haunt you in the form of malpractice claims, sanctions by regulatory boards, insurers pouncing on needless expenditures or hordes (yes, there would be large numbers) of angry finger-pointing patients and families, the experience would instead bring a dream of supportive feedback and learning. Imagine the ways such an idealised non-threatening consultation and conference might be designed to minimise defensiveness and maximise introspection, learn lessons, and rethink habits and standard practices. Rather than prompting incredulous exclamations of "you missed that?!" or "what were you thinking?!",...

Using Simulation to Perform Root Cause Analysis of Adverse Surgical Outcomes

Journal of Surgical Research — Sat, 14 Jan 2012 22:29:02 +0100

Conclusions: This study demonstrates that simulation-based RCA of adverse surgical outcomes is better at identifying root causes that are amenable to making changes in the healthcare setting than traditional RCA. Simulation-based RCA is therefore a more effective method of improving patient safety. the additional information simulation-based RCA provides can facilitate implementation of more appropriate corrective measures, decreasing the risk of error recurrence. (Source: Journal of Surgical Research)

Medical Malpractice and Hernia Repairs: An Analysis of Case Law

Journal of Surgical Research — Sat, 14 Jan 2012 22:28:54 +0100

(Source: Journal of Surgical Research)

How to maximise your memory

Guardian Unlimited Science — Sat, 14 Jan 2012 00:26:01 +0100

Forget rote learning, one of the best ways to commit something to memory is to think of associated images – the more outlandish, the betterIf you're revising for an exam, learning a new language, or just keen on maximising your memory for everyday life, here are some strategies that might help …RehearsalThe brain is often likened to a muscle, the suggestion being that if you exercise it, its function will improve. A bodybuilder can strengthen his biceps by repeatedly lifting weights and so, the argument goes, you can improve your memory by repeating over and over to yourself (either out loud or sub-vocally) the information you wish to remember.For years, researchers considered that "rehearsing" information in this way was necessary to r...

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Let Patients See Visit Notes?; also, Medical Device RisksLet Patients See Visit Notes?; also, Medical Device Risks

Medscape Today Headlines — Fri, 13 Jan 2012 13:00:00 +0100

Important malpractice and legal developments; ongoing cases and other news. Medscape Business of Medicine (Source: Medscape Today Headlines)

Malpractice? Reimbursement? Other Concerns?

Psychiatric Times — Thu, 12 Jan 2012 12:00:00 +0100

Whatever concerns you as a practicing psychiatrist, we invite your feedback here. (Source: Psychiatric Times)

Many Clinical Laboratories, Other Providers Struggle to Transition to 5010; Likely To See Payment Shortfall

Dark Daily — Thu, 12 Jan 2012 11:00:28 +0100

Payors also are straining to handle new payment requirements under Form 5010, say intermediaries Across the nation, providers, including clinical laboratories and pathology groups, are holding their collective breath as they wait to see whether implementation of the electronic claim Form 5010 goes smoothly, becomes a disaster, or ends up somewhere between. Just two weeks [...] (Source: Dark Daily)

Researcher Who Studied Benefits Of Red Wine Falsified Data Says University

Health News from Medical News Today — Thu, 12 Jan 2012 10:00:00 +0100

An extensive misconduct investigation that took three years to complete and produced a 60,000-page report, concludes that a researcher who has come to prominence in recent years for his investigations into the beneficial properties of resveratrol, a compound found in red wine, "is guilty of 145 counts of fabrication and falsification of data"... (Source: Health News from Medical News Today)

EHR templates: Time-saver or patient safety risk?

Medical Economics - Malpractice — Tue, 10 Jan 2012 05:00:00 +0100

Electronic health record usage is soaring due to a confluence of several factors. That doesn't mean the prefab templates they come with are risk-free. (Source: Medical Economics - Malpractice)

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Defenses to Malpractice for Emergency PhysiciansDefenses to Malpractice for Emergency Physicians

Medscape Today Headlines — Tue, 10 Jan 2012 04:00:00 +0100

Emergency medicine physicians are at constant risk of malpractice litigation. How can you minimize this risk when caring for patients? The Journal of Emergency Medicine (Source: Medscape Today Headlines)

[Correspondence] Misleading information concerning the University of Helsinki

LANCET — Sat, 07 Jan 2012 05:00:00 +0100

In his Correspondence letter (April 23, p 1403), Mark Gillman refers to Peter Darroch's allegations of malpractice in research against Hannu Alho of the University of Helsinki. On behalf of the university, I present the following facts to show that this reference misrepresents the situation. (Source: LANCET)

Informed Consent Questioned in Death After Stem-Cell TreatmentInformed Consent Questioned in Death After Stem-Cell Treatment

Medscape Today Headlines — Fri, 06 Jan 2012 21:38:04 +0100

A Florida cardiologist is accused of malpractice after a patient treated with a novel stem-cell therapy died of a brain infarct. Heartwire (Source: Medscape Today Headlines)

Informed consent questioned in Florida patient's death after stem-cell treatment

theHeart.org — Fri, 06 Jan 2012 19:15:42 +0100

A Florida cardiologist is accused of malpractice after a patient treated with a novel stem-cell therapy died of a brain infarct. (Source: theHeart.org)

Study of Medicare Patients Finds Most Hospital Errors Unreported

NYT Health — Fri, 06 Jan 2012 05:06:20 +0100

The Health and Human Services study said that caregivers often do not recognize what harms patients. (Source: NYT Health)

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Point-Of-Care Testing, Avoiding Medical Errors

Health News from Medical News Today — Thu, 05 Jan 2012 18:00:00 +0100

Given that many medical tests are nowadays rapidly performed at the patient's bedside compared with tests that required sending samples to a laboratory and waiting for results, last month's special issue of Point of Care: The Journal of Near-Patient Testing & Technology reveals that as more of these point-of-care testing (POCT) technologies are integrated into patient care, careful attention is required to protect patient safety and avoid medical errors... (Source: Health News from Medical News Today)

Gender, demographics influence risk of malpractice suits

AuntMinnie.com Headlines — Tue, 03 Jan 2012 07:00:00 +0100

Male radiologists are more likely to be sued than female radiologists, while (more) (Source: AuntMinnie.com Headlines)

Books: Two Choices for the Best Read for a Hospital Stay

NYT Health — Mon, 02 Jan 2012 20:05:17 +0100

“Confessions of a Surgeon,” by Dr. Paul A. Ruggieri, and “The Patient’s Checklist,” by Elizabeth Bailey, are guidebooks to clarify customs and keep you out of trouble when you receive care in a hospital. (Source: NYT Health)

How to Define, Find and Classify Side Effects in Psychotherapy: From Unwanted Events to Adverse Treatment Reactions

Clinical Psychology — Sun, 01 Jan 2012 05:00:00 +0100

ConclusionRecognition of adverse treatment effects is a characteristic of good therapists and treatments. Psychotherapists should be sensitive for negative effects. This can help improve the quality of treatment. The UE–ATR checklist can be used in psychotherapy trials, quality assurance, clinical practice and training of psychotherapists.Copyright © 2012 John Wiley & Sons, Ltd.Key Practitioner MessageIf you do not find adverse treatment effects, then ask yourself why and do not assume that there are no side effects.The detection and management of adverse treatment effects is not a sign of bad but of good clinical practice. (Source: Clinical Psychology)

Malpractice claims associated with medication management for chronic pain. Fitzgibbon DR, Rathmell JP, Michna E, Stephens LS, Posner KL, Domino KB. Anesthesiology 2010;112(4):948–56.

The Spine Journal — Sun, 01 Jan 2012 05:00:00 +0100

Medication management is an integral part of chronic pain management. Prompted by an increase in the role of medication management in anesthesia chronic pain liability, we investigated the characteristics of malpractice claims collected from 2005 to 2008. (Source: The Spine Journal)

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Special Issue Of Point Of Care Highlights Patient Safety And Avoiding Medical Errors

Health News from Medical News Today — Fri, 30 Dec 2011 08:00:00 +0100

Many medical tests that once required sending samples to a laboratory and waiting for results can now be rapidly performed at the patient's bedside. As these point-of-care testing (POCT) technologies are increasingly integrated into patient care, careful attention is needed to protect patient safety and avoid medical errors, according to this month's special issue of Point of Care: The Journal of Near-Patient Testing & Technology. The journal is published by Lippincott Williams & Wilkins, a part of Wolters Kluwer Health... (Source: Health News from Medical News Today)

Neurosurgery at Queen Square

Journal of Pakistan Medical Students — Thu, 29 Dec 2011 05:00:00 +0100

This article has been peer reviewed. Article Submitted on: 9th October 2011 Article Accepted on: 28th November 2011 Funding sources: None declared Correspondence to:Hamza Tariq Medical student Address:King Edward Medical University, Lahore, Pakistan. Email: hamxatariq@yahoo.com Download PDF Elective Report The day I finished studying the anatomy of brain, I knew that I wanted to pursue neurosurgery as a career speciality. A medical student getting fascinated by the mysterious workings of the human brain is not something unusual. Here, in a mere 3 pounds of living tissue, lies the complexity sufficient to incarnate and store the record of a lifetime of the richest human experience. Our brains contain the secrets of ourselves. Its mystery lies in the fact that it con...

Defensive Medicine as a Bane to Health Care

Journal of Pakistan Medical Students — Thu, 29 Dec 2011 05:00:00 +0100

In conclusion, evidence based medicine rather than defensive medicine should be practiced. Evidenced-based medicine should be practiced and preferred because it uses the best available evidence gained from the scientific method for the purpose of clinical decisions making. Proper implementation of evidence-based medicine to improve patients’ care and to prevent practice of defensive medicine, requires the healthcare professionals to gain skills assess, apply, integrate and communicate new knowledge in clinical decision-making. [13] If our healthcare system becomes successful in overcoming resistance to adopt evidence-based guidelines, evidenced-based medicine would lead to improved performances and better clinical outcomes. In my opinion defensive medicine is really a bane to healthcare ...

Special Issue Of Point Of Care Highlights Patient Safety And Avoiding Medical Errors

Health News from Medical News Today — Wed, 28 Dec 2011 08:00:00 +0100

Incidental hepatic and splenic lesions.

Cancer Imaging — Mon, 26 Dec 2011 17:24:03 +0100

Authors: Gore RM, Thakrar KH, Newmark GM, Wenzke DR, Mehta UK, Berlin JW Abstract Recent advances in multi-detector computed tomography (MDCT), magnetic resonance imaging (MRI), and ultrasonography have led to the detection of incidental hepatic and splenic lesions that in the past remained undiscovered. These incidentalomas are unexpected, asymptomatic abnormalities that are discovered serendipitously while searching for other pathology. These incidental lesions have created a management dilemma for both clinicians and radiologists, particularly in the oncology patient in whom any mass, clinical or subclinical, warrants further evaluation. Strategies for optimizing patient management of these lesions are only beginning to emerge in terms of deciding which of these incidentalomas c...

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Incidental mesenteric and gastrointestinal abnormalities.

Cancer Imaging — Mon, 26 Dec 2011 17:24:03 +0100

Authors: Gore RM, Newmark GM, Wenzke DR, Thakrar KH, Mehta UK, Berlin JW Abstract Recent advances in multidetector computed tomography (MDCT), magnetic resonance imaging (MRI), and ultrasonography have led to the detection of incidental gastrointestinal tract and mesenteric abnormalities in both the oncology and nononcology patient population that in the past remained undiscovered. These incidentalomas are unexpected, asymptomatic abnormalities that are discovered serendipitously while searching for other pathology. These incidental lesions have created a management dilemma for both clinicians and radiologists, particularly in the oncology patient in whom any mass, clinical or subclinical, warrants further evaluation. Strategies for optimizing patient management of these lesions ar...

'Consent to settle' clause a must in malpractice policy

Modern Medicine — Sun, 25 Dec 2011 05:00:00 +0100

Don't let your malpractice insurer settle a case without your agreement. (Source: Modern Medicine)

When is informed consent not required?

Medical Economics - Malpractice — Sun, 25 Dec 2011 05:00:00 +0100

In general, the only person or entity capable of giving consent is a patient with capacity, a legal guardian of a minor or incapacitated person, or a court of competent jurisdiction. (Source: Medical Economics - Malpractice)

Thoracic Surgery Workforce: Report of STS/AATS Thoracic Surgery Practice and Access Task Force--Snapshot 2010 [STS/AATS SPECIAL REPORTS]

The Annals of Thoracic Surgery — Wed, 21 Dec 2011 05:00:00 +0100

Conclusions These data give a clear profile of the specialty at this time. The major challenges remain length of training and educational debt of the thoracic surgeon. Case volume, scope of practice, malpractice costs, and career satisfaction remain major elements to provide a positive environment to recruit new surgeons in to the specialty. The resident pool has contracted while the workforce ages and retirement looms. Significant shortages may develop as the US population ages in the environment of health care reform. (Source: The Annals of Thoracic Surgery)

Thoracic Surgery Workforce: Report of STS/AATS Thoracic Surgery Practice and Access Task Force—Snapshot 2010

The Journal of Thoracic and Cardiovascular Surgery — Sat, 17 Dec 2011 21:02:02 +0100

Conclusions: These data give a clear profile of the specialty at this time. The major challenges remain length of training and educational debt of the thoracic surgeon. Case volume, scope of practice, malpractice costs, and career satisfaction remain major elements to provide a positive environment to recruit new surgeons in to the specialty. The resident pool has contracted while the workforce ages and retirement looms. Significant shortages may develop as the US population ages in the environment of health care reform. (Source: The Journal of Thoracic and Cardiovascular Surgery)

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Professional liability insurance in Obstetrics and Gynecology: estimate of the level of knowledge about malpractice insurance policies and definition of an informative tool for the management of the professional activity

BMC Research Notes — Sat, 17 Dec 2011 05:00:00 +0100

Conclusion: Italy must introduce a compulsory insurance system which could absorb, through a mechanism of "distribution of risk", the malpractice litigation and its costs. This will provide compensation in accidental cases where it wouldn't be possible to demonstrate carelessness, imprudence and/or lack of skill. (Source: BMC Research Notes)

Neurosurgery at Queen Square

Journal of Pakistan Medical Students — Sat, 17 Dec 2011 05:00:00 +0100

Medical Malpractice in Endourology: Analysis of Closed Cases From the State of New York

The Journal of Urology — Fri, 16 Dec 2011 05:00:00 +0100

Conclusions: Urologists are not immune to the current medical malpractice crisis. Endourology and urological oncology generate the greatest number of lawsuits against urologists. Most malpractice claims involving endourological procedures result from urolithiasis and alleged technical errors. Therefore, careful attention to surgical technique is essential during stone procedures to reduce the risk of malpractice litigation. (Source: The Journal of Urology)

Well Blog: Doctor and Patient: When the Doctor Gets Sued

NYT Health — Thu, 15 Dec 2011 12:00:24 +0100

Researchers surveyed more than 7,000 surgeons and found that nearly one in four were in the midst of litigation, putting them at increased risk for depression and burnout and setting the stage for even more medical errors and malpractice claims. (Source: NYT Health)

Doctor and Patient: Doctor and Patient: When the Doctor Gets Sued

NYT Health — Thu, 15 Dec 2011 12:00:24 +0100

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As Doctors Use More Devices, Potential for Distraction Grows

NYT Health — Thu, 15 Dec 2011 05:27:55 +0100

In response to “distracted doctoring,” some hospitals have begun limiting the use of computers, smartphones and other devices in critical settings, while schools have started reminding medical students to focus on patients. (Source: NYT Health)

Malpractice claims following screening mammography in the Netherlands

International Journal of Cancer — Thu, 15 Dec 2011 05:00:00 +0100

AbstractAlthough malpractice lawsuits are frequently related to a delayed breast cancer diagnosis in symptomatic patients, information on claims at European screening mammography programmes is lacking. We determined the type and frequency of malpractice claims at a Dutch breast cancer screening region.We included all 85,274 women (351,009 screens) who underwent biennial screening mammography at a southern breast screening region in the Netherlands between 1997‐2009. Two screening radiologists reviewed the screening mammograms of all screen detected cancers and interval cancers and determined whether the cancer had been missed at the previous screen or at the latest screen, respectively. We analysed all correspondence between the screening organization, clinicians and screened women, and ...

Medical Malpractice Reform: The Role of Alternative Dispute Resolution.

Clinical Orthopaedics and Related Research — Tue, 13 Dec 2011 05:00:00 +0100

CONCLUSIONS: ADR has the potential to help reform the current tort system, reducing cost and increasing both parties' satisfaction. Easing the reporting requirements for the NPDB would lead to more widespread acceptance of ADR among physicians. PMID: 22161080 [PubMed - as supplied by publisher] (Source: Clinical Orthopaedics and Related Research)

UK’s Association for Clinical Biochemistry Calls for Better Blood-draw Training for ED Doctors

Dark Daily — Mon, 12 Dec 2011 11:00:22 +0100

Studies show clinical laboratories still grapple with sub-optimal specimens from emergency departments and better phlebotomy skills are part of the solution Improving the quality of medical laboratory specimens collected by the staff of emergency departments is an ongoing goal at most American hospitals. Now everyone associated with phlebotomy will be interested in a study released [...] (Source: Dark Daily)

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Optimism may reduce malpractice risk

Modern Medicine — Sat, 10 Dec 2011 05:00:00 +0100

Taking responsibility for the health and life of other human beings requires a great optimistic contention that one can do the job as well as, or better than, others, and that the results will be as good as possible. (Source: Modern Medicine)

New York Program Aims to Speed Up Malpractice Resolutions

Physicians Practice — Fri, 09 Dec 2011 05:00:01 +0100

A New York-based program could help minimize the expense and stress malpractice lawsuits have on physicians and their insurers. But how feasible is it? (Source: Physicians Practice)

Video: How To Handle Incidental Findings, Without Risk

Diagnostic Imaging — Tue, 06 Dec 2011 12:00:00 +0100

CHICAGO — As the number of CT scans done in the US has climbed, so has the number of incidental findings — and the related malpractice risks for radiologists. Leonard Berlin, MD, in an interview on malpractice risk at RSNA 2011, says the right path isn't clear. (Source: Diagnostic Imaging)

Medical Errors: If Guilty, Fess Up, Experts Say

Diagnostic Imaging — Tue, 06 Dec 2011 12:00:00 +0100

If you make a mistake, should you tell the patient or does that open you up to a malpractice suit? The rules seem to be changing – a little – according to a malpractice and medical error panel discussion at RSNA 2011. (Source: Diagnostic Imaging)

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Video: Emmanuel Kanal, MD, at RSNA 2011, Explains How to Protect Yourself From Malpractice

Diagnostic Imaging — Mon, 05 Dec 2011 12:00:00 +0100

CHICAGO — Emmanuel Kanal, MD, boldly invited a plaintiff’s attorney to RSNA 2011. The intent? To let radiologists know how to protect themselves from malpractice suits. (Source: Diagnostic Imaging)

Damned if you do, damned if you don't: subgroup analysis and equity

Journal of Epidemiology and Community Health — Fri, 02 Dec 2011 05:00:00 +0100

The final report from the WHO Commission on the social determinants of health recently noted: ‘For policy, however important an ethical imperative, values alone are insufficient. There needs to be evidence on what can be done and what is likely to work in practice to improve health and reduce health inequities.’ This is challenging, because understanding how to reduce health inequities between the poorest and better-off members of society may require a greater use of subgroup analysis to explore the differential effects of public health interventions. However, while this may produce evidence that is more policy relevant, the requisite subgroup analyses are often seen as tantamount to statistical malpractice. This paper considers some of the methodological problems with subgroup...

Models of Care and Organization of Services

Dermatologic Clinics — Thu, 01 Dec 2011 06:37:24 +0100

This article examines the overall organization of services and delivery of health care in the United States. Health maintenance organization, fee-for-service, preferred provider organizations, and the Veterans Health Administration are discussed, with a focus on structure, outcomes, and areas for improvement. An overview of wait times, malpractice, telemedicine, and the growing population of physician extenders in dermatology is also provided. (Source: Dermatologic Clinics)

Failing the ABO examination: Admissible evidence?

American Journal of Orthodontics and Dentofacial Orthopedics — Thu, 01 Dec 2011 05:00:00 +0100

Okay, you have been sued for malpractice. Obviously, when you are called to testify, part of your testimony will pertain to your educational and professional background. You took the ABO written examination and failed it—twice. When you went for your oral examination, you failed that, too. Suppose, on the other hand, that you never took the examination. In either scenario, you are not board certified. Can either of these pieces of information be elicited during your testimony? Gipson v Younes, 724 So.2d 530 (Ala, 1998) provides us the answers to these questions. (Source: American Journal of Orthodontics and Dentofacial Orthopedics)

Solid doctor-patient partnerships can sidestep many malpractice traps

Modern Medicine — Thu, 01 Dec 2011 05:00:00 +0100

Avoiding common malpractice risks requires partnering with patients, both in person and electronically, says Michael Sacopulos, J.D., an attorney based in Terre Haute, Ind. (Source: Modern Medicine)

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Data Watch: States Varied Widely in 2010 Paid Malpractice Claims (per 1,000 physicians)

Ob.Gyn. News — Thu, 01 Dec 2011 05:00:00 +0100

(Source: Ob.Gyn. News)

Malpractice claims: corrections.

Hong Kong Med J — Thu, 01 Dec 2011 05:00:00 +0100

Authors: Wong DS, Lai PB PMID: 22147330 [PubMed - in process] (Source: Hong Kong Med J)

More Physician Use of EHRs Could Increase Medical Malpractice Claims

Dark Daily — Wed, 30 Nov 2011 11:00:46 +0100

Because they provide medical lab test results to EHRs, clinical labs and pathologists are often named in medical malpractice lawsuits Some experts predict that the great expansion in the number of physicians using electronic health record (EHR) systems may trigger an increase in medical malpractice lawsuits. Were this were to happen, clinical laboratories and pathology [...] (Source: Dark Daily)

Michael Jackson and Conrad Murray: A Cauldron of Malpractice

Psychology Today Addiction Center — Tue, 29 Nov 2011 20:38:59 +0100

Bad medicine leads to a celebrity death, a guilty verdict and multiple punishments. Why would a cardiologist with nearly 20 years of experience and no legal record go so astray? Dangerous actions can have lethal consequences when doctors put their better judgement aside. Primary Topic: Law and Crime read more (Source: Psychology Today Addiction Center)

Video: Medical Malpractice: A Focus on Technology

Psychiatric Times — Tue, 29 Nov 2011 12:00:00 +0100

Many health care professionals do not know how standards of care and medical malpractice are determined. This lack of knowledge can result in either inadequate communication or defensive medical treatment. Dr Rodgers reviews malpractice standards and addresses issues regarding technologies such as email, social networking, and cyber-treatment. (Source: Psychiatric Times)

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High malpractice payouts for pediatricians necessitate ample insurance coverage [PEDIATRICIANS AND THE LAW]

AAP News — Sun, 27 Nov 2011 05:00:00 +0100

(Source: AAP News)

Types of Medical Malpractice Insurance Policies

Rural publications via the Rural Assistance Center — Fri, 25 Nov 2011 21:19:15 +0100

Describes three types of malpractice insurance: Occurrence Policies, Claims-Made Policies, and Modified Occurrence Policies. -- American Academy of Actuaries (Source: Rural publications via the Rural Assistance Center)

Federal Tort Claims Act for Health Centers: Key Resource in Supporting Quality Care

Rural web sites and other tools via the Rural Assistance Center — Fri, 25 Nov 2011 20:18:12 +0100

Offers FAQs, handbooks, policies, and information on the application and reporting processes for HRSA-supported health centers with malpractice insurance through the Federal Tort Claims Act. -- Health Resources and Services Administration (Source: Rural web sites and other tools via the Rural Assistance Center)

Tort Reform Record

Rural publications via the Rural Assistance Center — Fri, 25 Nov 2011 19:51:32 +0100

Published each July and December to records the American Tort Reform Association's accomplishments of the latest legislative year, including actions regarding medical malpractice claims. -- American Tort Reform Association (Source: Rural publications via the Rural Assistance Center)

Practicing psychiatry via Skype: Medicolegal considerations

Malpractice Verdicts — Fri, 25 Nov 2011 14:18:00 +0100

Helen M. Farrell, MD; Douglas Mossman, MD (Source: Malpractice Verdicts)

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Review of Antibiotics and Indications for Prophylaxis

Dental Clinics of North America — Fri, 25 Nov 2011 05:12:42 +0100

Antibiotic prophylaxis to prevent infective endocarditis has been controversial through the years, with various changes made to recommendations provided to treating physicians and dentists. The dentist must always use his or her best judgment when applying any guideline. However, it is important to remember that the guidelines may be cited in any malpractice litigation as evidence of the standard of care. Early diagnosis with prompt treatment with effective antimicrobial therapy is the best way to lower the mortality and morbidity. When prescribing antibiotics, the clinician must realize that the overprescription of antibiotics has led to resistance to antibiotic regimens and the rise of antibiotic-resistant bacteria. (Source: Dental Clinics of North America)

Republished original viewpoint: Complaints, shame and defensive medicine

Postgraduate Medical Journal — Fri, 25 Nov 2011 05:00:00 +0100

While the complaints process is intended to improve healthcare, some doctors appear to practise defensive medicine after receiving a complaint. This response occurs in countries that use a tort-based medicolegal system as well as in countries with less professional liability. Defensive medicine is based on avoiding malpractice liability rather than considering a risk–benefit analysis for both investigations and treatment. There is also evidence that this style of practice is low quality in terms of decision-making, cost and patient outcomes. Western medical practice is based on biomedicine: determining medical failure using the underlying, taken-for-granted assumptions of biomedicine can potentially contribute to a response of shame after an adverse outcome or a complaint. Shame is i...

Potential problems exist in the Medicare enrollment process

Medical Economics - Malpractice — Fri, 25 Nov 2011 05:00:00 +0100

When the Medicare program first began, providers enrolled using a single two-page form. Today it's not that simple, so knowing the rules ahead of time will best position you to receive timely payment. (Source: Medical Economics - Malpractice)

Exclusive survey: Malpractice rates plateauing

Medical Economics - Malpractice — Fri, 25 Nov 2011 05:00:00 +0100

Although physicians may argue over the definition of "reasonable" malpractice insurance rates, they often cite malpractice insurance as one of the expenses that continue to inflate the cost of healthcare. (Source: Medical Economics - Malpractice)

SCC set to hear B.C. mom's birth malpractice case

CTV Health — Thu, 24 Nov 2011 16:54:52 +0100

The Supreme Court of Canada will hear the case of a British Columbia mother who is fighting for compensation for her brain-damaged son. (Source: CTV Health)

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Preliminary Exploration of the Use of a Medical Malpractice Self-Study Module.

Journal of Continuing Education in Nursing — Tue, 22 Nov 2011 05:00:00 +0100

This study was conducted to determine the effectiveness of an educational module on medical malpractice litigation and the use of evidence-based practice guidelines. Data regarding knowledge acquisition, ease of use, and the perceived value of the educational module were collected. A pretest-posttest design was used. There was a statistically significant difference in the proportion of participants who responded correctly to the post-test items after viewing the educational program (p < .05). Data from this study indicated that this self-study module was a valuable tool for education on the specified content. This study also provides evidence of the effectiveness of integrating theory, clinical inquiry, and evidence-based practice into a self-paced educational program about medical malp...

Persons with Disability Cared For by NY State - A Preview of Care under NY Medical Indemnity Fund?

Disabled World — Mon, 21 Nov 2011 18:35:29 +0100

Disabled Individuals Cared For by New York State: A Preview of Care under The New York State Medical Indemnity Fund? The potential devastating consequences of the New York Medical Indemnity Fund in limiting access to care for children who have suffered severe brain disabilities as a result of proven medical malpractice at the time of their birth. (Source: Disabled World)

Classified

Annals of Emergency Medicine — Sat, 19 Nov 2011 07:39:15 +0100

MICHIGAN, Cadillac: EPMG seeks an experienced Medical Director for Mercy Hospital. Cadillac is located 45 miles south of Traverse City and is an outdoor enthusiasts paradise! EPMG offers paid family benefits, flexible scheduling, 401(k) employer contribution, paid malpractice, and partnership. Contact Carrie Dib at 800-466-3764, x336 or cdib@epmgpc.com Visit us at www.epmgpc.com (Source: Annals of Emergency Medicine)

Conflicts over Control and Use of Medical Records at the New York Hospital before the Standardization Movement

The Journal of Law, Medicine and Ethics — Thu, 17 Nov 2011 03:29:05 +0100

Historians of medicine generally credit the hospital standardization movement of the early 20th century with establishing the record as a sign of hospital and staff quality. The medical record's role had already been the subject of intense interest at the New York Hospital several decades before, however. In the 1880s malpractice and insurance concerns caused the administration to attempt to supervise record creation, quality, and access, over the objections of physicians. Contemporary concerns about the uses of the medical record were in play well before 1910. (Source: The Journal of Law, Medicine and Ethics)

Malpractice Risk According to Physician Specialty

New England Journal of Medicine — Wed, 16 Nov 2011 22:00:30 +0100

New England Journal of Medicine, Volume 365, Issue 20, Page 1939-1940, November 2011. (Source: New England Journal of Medicine)

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Malpractice Suits Cause Psychological Distress And Career Burnout Among US Surgeons

Health News from Medical News Today — Wed, 16 Nov 2011 09:00:00 +0100

According to the results of a new study published in the November 2011 Journal of the American College of Surgeons, malpractice lawsuits against U.S. surgeons occur often and can take a profound personal toll on the surgeon, resulting in emotional exhaustion, stress, and professional dissatisfaction. The researchers examined personal and professional characteristics and found malpractice lawsuits were strongly and independently linked to surgeon depression and career burnout... (Source: Health News from Medical News Today)

Senators Baucus and Grassley Want Documents from Quest Diagnostics and LabCorp Relating to Discounted Medical Lab Test Pricing Practices

Dark Daily — Mon, 14 Nov 2011 11:00:53 +0100

Two Senate committees seem interested in how certain medical laboratories offer discounted laboratory test prices to selected health insurers Is it a coincidence that discounted medical laboratory test pricing offered by the nation’s two largest clinical laboratory companies appears to now be the subject of interest for the Senate Judiciary and Senate Finance Committees? Last [...] (Source: Dark Daily)

Malpractice suits cause psychological distress and career burnout among US surgeons

EurekAlert! - Social and Behavioral Science — Mon, 14 Nov 2011 05:00:00 +0100

(Weber Shandwick Worldwide) According to the results of a new study published in the November 2011 Journal of the American College of Surgeons, malpractice lawsuits against US surgeons occur often and can take a profound personal toll on the surgeon, resulting in emotional exhaustion, stress, and professional dissatisfaction. (Source: EurekAlert! - Social and Behavioral Science)

Was Andy Rooney killed by his surgery?

NaturalNews.com — Sat, 12 Nov 2011 07:00:00 +0100

(NaturalNews) The infamous media writer Andy Rooney died last week after undergoing surgery for an undisclosed, but reportedly minor, condition. Though he was 92 years old, Rooney was not known to be sick prior to this minor surgery -- but somehow the medical procedure went awry, which resulted in the rapid demise of the often-controversial 60 Minutes commentator.Whether you loved him or hated him, it is undeniable that Andy Rooney had become a type of American media legend. And while many of those paying tribute to his life after his passing have a lot of good things to say about him, one glaring segment that is missing from such reports concerns the circumstances surrounding his mysterious death.Why did an otherwise healthy man suddenly die after being admitted to the hospital for a mino...

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Unconventional Thoughts About Med-MalUnconventional Thoughts About Med-Mal

Medscape Today Headlines — Fri, 11 Nov 2011 14:46:00 +0100

Waste in healthcare delivery; tort reform/deficit reduction; a medical malpractice expert speaks out; and a looming Supreme Court decision. Medscape Business of Medicine (Source: Medscape Today Headlines)

Palmetto, Medicare’s Biggest Carrier, Proposes to End Code Stacking for Molecular Clinical Laboratory Tests

Dark Daily — Fri, 11 Nov 2011 11:00:46 +0100

Palmetto wants to implement two proposed local coverage determinations (LCDs) on February 27, 2012 Medicare’s biggest local carrier is ready to tackle the problems created when clinical pathology laboratories use code stacks to submit claims for genetic tests and molecular diagnostics assays. Medical laboratories in eight states served by this Medicare carrier are worried about [...] (Source: Dark Daily)

Study cites communication failure as key cause of malpractice suits

AuntMinnie.com Headlines — Thu, 10 Nov 2011 18:44:23 +0100

Failure to effectively communicate test results increases the risk of medical (more) (Source: AuntMinnie.com Headlines)

U.S. Restores Data on Doctors’ Discipline, With a Catch

NYT — Thu, 10 Nov 2011 16:00:09 +0100

A federal agency has restored the database but is requiring anyone using the information to promise not to identify individual doctors. (Source: NYT)

Database on malpractice payments, physician sanctions now closed to public

Modern Medicine — Thu, 10 Nov 2011 05:00:00 +0100

A national database that tracks malpractice payments and physician sanctions without naming the doctors has been removed from public view for fear it could be used to identify providers. (Source: Modern Medicine)

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US reopens doctor data access, with some caveats

Modern Medicine — Thu, 10 Nov 2011 05:00:00 +0100

WASHINGTON (Reuters) - The U.S. government reopened public access to a database of malpractice claims and damages paid by doctors, with new restrictions that would prohibit using it in any way to identify the physicians. (Source: Modern Medicine)

Successfully navigating the Medicare enrollment appeals process

Medical Economics - Malpractice — Thu, 10 Nov 2011 05:00:00 +0100

The Medicare enrollment process represents one of the federal government's primary lines of defense against health-care fraud. (Source: Medical Economics - Malpractice)

U.S. Restores Data on Doctors’ Discipline, With a Catch

NYT Health — Thu, 10 Nov 2011 03:56:25 +0100

A federal agency has restored the database but is requiring anyone using the information to promise not to identify individual doctors. (Source: NYT Health)

Government reopens doctor data access, with some caveats

Reuters: Health — Wed, 09 Nov 2011 21:52:44 +0100

WASHINGTON (Reuters) - The federal government reopened public access to a database of malpractice claims and damages paid by doctors, with new restrictions that would prohibit using it in any way to identify the physicians. (Source: Reuters: Health)

Haitian's Sue UN For Cholera Epidemic, Blame Peacekeepers

Health News from Medical News Today — Wed, 09 Nov 2011 21:00:00 +0100

Lawyers representing over 5,000 Haitian cholera victims are suing the United Nations and the United Nations Stabilization Mission in Haiti (MINUSTAH) for bringing the disease into their country. The cholera epidemic resulted in more than 475,000 registered cases of sickness and over 6,000 deaths. They say MINUSTAH brought cholera into Haiti in October 2010. The Institute for Justice & Democracy In Haiti (IJDH-BAI) is providing legal assistance. BAI stands for Bureau des Avocats Internationaux (international bureau of lawyers)... (Source: Health News from Medical News Today)

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Hospitals, Physicians, and Clinical Pathology Laboratories Scramble to Prepare for Use of Form 5010 Beginning January 1, 2012

Dark Daily — Wed, 09 Nov 2011 11:00:47 +0100

Some medical laboratory organizations risk coming up short on the deadline for implementation of 5010 standards Less than eight weeks remain before the January 1, 2012, deadline for implementation of Form 5010. Every sector of the healthcare system—from government and private payers to hospitals, physicians, pathologists, and clinical laboratories—is involved in this important healthcare reform. [...] (Source: Dark Daily)

Complications and legal outcomes of tonsillectomy malpractice claims

The Laryngoscope — Mon, 07 Nov 2011 05:00:00 +0100

Conclusion:Tonsillectomy carries a large amount of risk from a malpractice standpoint. Postoperative bleeding is the complication most commonly associated with malpractice claims, but may not carry the greatest overall risk from a patient care or monetary standpoint. Hypoxic and anoxic events, while less common, appear to carry more morbidity for the patient and are associated with greater settlements and judgments in malpractice claims. Tonsillectomy continues to carry a significant mortality risk, albeit infrequent, and a high level of vigilance should be employed to help reduce these risks. Laryngoscope, 2011. (Source: The Laryngoscope)

Your right to blow the whistle.

British Journal of Nursing — Mon, 07 Nov 2011 05:00:00 +0100

Authors: Peate I Abstract The NHS Constitution has now enshrined within it a number of pledges concerning whistle blowing. This comes as a result of a recent Department of Health (DH) public consultation concerning the Constitution and whistle blowing (DH, 2011). Changes to the Constitution will add an expectation that staff should raise concerns at the earliest opportunity. It also pledges that NHS organizations should support staff by ensuring their concerns are fully investigated and that there is someone independent, outside of their team, to speak to. It will aim to add clarity around the existing legal right for staff to raise concerns about safety, malpractice or other wrong doing without suffering any detriment. PMID: 22241420 [PubMed - in process] (Source: British Jour...

Failure to Report Test Results Increases Malpractice RiskFailure to Report Test Results Increases Malpractice Risk

Medscape Today Headlines — Fri, 04 Nov 2011 18:54:52 +0100

Researchers recommend adoption of semiautomatic results-reporting systems to improve care and reduce risk. Medscape Medical News (Source: Medscape Today Headlines)

Diagnosticians run higher malpractice risk

Health News - UPI.com — Fri, 04 Nov 2011 03:24:51 +0100

NEW YORK, Nov. 3 (UPI) -- Diagnostic physicians may be at higher malpractice risk due to communication failures among doctors, U.S. researchers said. (Source: Health News - UPI.com)

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Communication Failures Put Diagnostic Physicians At Increased Risk For Medical Malpractice Claims

Health News from Medical News Today — Thu, 03 Nov 2011 08:00:00 +0100

Because clinical evaluation often depends on diagnostic tests, diagnostic physicians have a responsibility to notify referring clinicians when test results reveal urgent or unexpected findings. According to an article selected as the "CME Activity of the Month" in the most recent edition of the Journal of the American College of Radiology (JACR), the rapid growth of diagnostic testing appears to be placing physicians at greater risk for medical malpractice claims for test communication failures. In their article, Brian D... (Source: Health News from Medical News Today)

The disruptive orthopaedic surgeon: implications for patient safety and malpractice liability.

The Journal of Bone and Joint Surgery. American volume — Wed, 02 Nov 2011 04:00:00 +0100

Authors: Patel P, Robinson BS, Novicoff WM, Dunnington GL, Brenner MJ, Saleh KJ Abstract Disruptive physician behavior imperils patient safety, erodes the morale of other health care providers, and dramatically increases the risk of malpractice litigation. Increasing patient volume, decreasing physician reimbursement, malpractice litigation, elevated stress, and growing job dissatisfaction have been implicated in disruptive behavior, which has emerged as one of the major challenges in health care. Because the aging patient population relies increasingly on orthopaedic services to maintain quality of life, improving professionalism and eradicating disruptive behavior are urgent concerns in orthopaedic surgery. Although many steps have been taken by The Joint Commission to improve pa...

Diagnostic physicians at increased risk for medical malpractice claims due to communication failures

EurekAlert! - Medicine and Health — Tue, 01 Nov 2011 04:00:00 +0100

(SUNY Downstate Medical Center) Because clinical evaluation often depends on diagnostic tests, diagnostic physicians have a responsibility to notify referring clinicians when test results reveal urgent or unexpected findings. According to an article selected as the "CME Activity of the Month" in the most recent edition of the Journal of the American College of Radiology, the rapid growth of diagnostic testing appears to be placing physicians at greater risk for medical malpractice claims for test communication failures. (Source: EurekAlert! - Medicine and Health)

Failure to Notify Reportable Test Results: Significance in Medical Malpractice

Journal of the American College of Radiology : JACR — Tue, 01 Nov 2011 04:00:00 +0100

Conclusions: There is increased risk for malpractice litigation resulting from diagnostic test result notification. The advent of semiautomated critical test result management systems may improve notification reliability, improve workflow and patient safety, and, when necessary, provide legal documentation. (Source: Journal of the American College of Radiology : JACR)

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[Duties of the physician in the case of death out-of-hospital].

Orvosi Hetilap — Tue, 01 Nov 2011 04:00:00 +0100

Authors: Kereszty EM Abstract Concerning a concrete case the author analyses the process of death detection that occurs out-of-hospitals in approximately 50,000 cases per year in Hungary, focusing the declaration of the fact and the type (natural/unnatural) of death. Author presents obligatory tasks of the primary care physician, the importance of the death examination, subtypes of unnatural death, and the role of the physician in the legal procedure performed by the police. The decision making process and its control mechanisms are also presented proving that there is no case in which only one person is entitled to make final decisions. Strength and weakness of the Hungarian legislation are enlightened to argue for the traditional death detection by the primary care physician. The...

Pediatric psychiatry, and a note on malpractice.

Pediatric Annals — Tue, 01 Nov 2011 04:00:00 +0100

Authors: Shulman ST PMID: 22066502 [PubMed - in process] (Source: Pediatric Annals)

Complaints against family physicians submitted to disciplinary tribunals in the Netherlands: lessons for patient safety.

Annals of Family Medicine — Tue, 01 Nov 2011 04:00:00 +0100

CONCLUSIONS The disciplinary law system in the Netherlands differs fundamentally from a legal malpractice system. It can be used to learn from patients' complaints with a view on improving patient safety. PMID: 22084263 [PubMed - in process] (Source: Annals of Family Medicine)

Foreword: Cardiovascular Emergencies

Emergency Medicine Clinics of North America — Mon, 31 Oct 2011 22:44:23 +0100

Ask any emergency physician to list the most common chief complaints among emergency department (ED) patients and chest pain is certain to show up as a top complaint. Ask those same emergency physicians to list the most deadly conditions in the ED and you’re likely to see acute myocardial infarction, dysrhythmias, and perhaps an assortment of other cardiac conditions. Next, ask risk managers and malpractice lawyers for their “top 5” list of causes of malpractice in emergency medicine and, once again, you’re certain to see cardiac conditions on that list. In short, cardiac conditions are common, deadly, and high risk from a medicolegal standpoint. A sound knowledge of emergency cardiology is an absolute prerequisite to the successful practice of emergency medicine. (Source: Emergenc...

Reduce Malpractice Liability Risk through Informed Consent

Physicians Practice — Thu, 27 Oct 2011 12:00:00 +0100

Implementing a proper informed consent policy at your practice could help you or your physicians avoid a guilty verdict. (Source: Physicians Practice)

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Electronic Records May Increase Malpractice Lawsuit Risk

ICMCC: The International Council on Medical and Care Compunetics — Wed, 26 Oct 2011 09:13:40 +0100

Source: Neil Versel, InformationWeek Content: “The rapid movement toward electronic health records (EHRs) may unwittingly raise physician risk for malpractice lawsuits and push liability insurers to raise their premiums, a new report suggests. EHRs may reduce the medical liability for certain errors, but it appears they “both create new forms of medical liability and expose existing [...] (Source: ICMCC: The International Council on Medical and Care Compunetics)

Study finds family practitioners among least likely to be sued for malpractice

Modern Medicine — Tue, 25 Oct 2011 04:00:00 +0100

Family practitioners, pediatricians, and psychiatrists are the specialists least likely to face malpractice suits during their careers, a new study shows. (Source: Modern Medicine)

Letters: Readers comment on Medical Economics stories

Modern Medicine — Tue, 25 Oct 2011 04:00:00 +0100

Letters discuss the American malpractice system and how physician interactions with drug reps affect the integrity of patient care. (Source: Modern Medicine)

Beware the pitfalls of EHR licenses, donations

Medical Economics - Malpractice — Tue, 25 Oct 2011 04:00:00 +0100

Adoption of electronic health records has yet to hit "critical mass" in the healthcare industry because of the perceived high cost. Before you look into cheap or free options, get to know the risks. (Source: Medical Economics - Malpractice)

Placental site trophoblastic tumor with lung metastases as cause of death in a young patient: A case report

Placenta — Mon, 24 Oct 2011 04:00:00 +0100

We present the case of a 21-year old woman at first pregnancy without known previous abortion at 25 weeks of amenorrhea who was admitted to the hospital for hyperemesis, hepatic problems and important weight loss registered during the last few months. Few days after the admission, the patient suddenly died before the doctors can reach a diagnosis. A forensic investigation for medical malpractice was initiated. Samples collected from uterus at the autopsy revealed large trophoblastic cells with eosinophilic cytoplasm. Deposition of fibrinoid material was noticed between trophoblastic cells. Tumor cells dissected through the myometrium and invaded into the vascular spaces. Specimens of the lungs revealed numerous small neoplastic emboli into the vessels. We show autopsy and histological find...

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Is it a bad thing if physicians benefit from Texas malpractice caps?

Modern Medicine — Sun, 23 Oct 2011 00:57:50 +0100

A liberal advocacy group says that liability reform in Texas shouldn’t be a model for the rest of the nation because the only beneficiaries are doctors and malpractice insurance companies. It also maintains that healthcare is scarcer in the state and more expensive than the national average—claims disputed by supporters. You might be interested in what the report says about the drops in the frequency and dollar amounts of liability payments since malpractice caps were instituted. (Source: Modern Medicine)

Classified

Annals of Emergency Medicine — Sat, 22 Oct 2011 06:38:27 +0100

INDIANA, Northwest: EPMG is currently interviewing physicians for administrative opportunities at Franciscan St. Anthony Health and Chesterton Health Center. Both facilities are located within 60 miles of Chicago, on the beautiful shores of Lake Michigan. EPMG physicians are employed partners and enjoy paid medical benefits, prescription, dental, vision, life, LTD, performance bonus, paid malpractice, 401(k), CME, relocation, and much more. To learn more contact Heather Smith at 800.466.3764 Ext. 326 or hsmith@epmgpc.com. Visit us at www.epmgpc.com. (Source: Annals of Emergency Medicine)

Doctors Co. completes $362M purchase of FPIC Insurance

bizjournals.com Health Care:Biotechnology headlines — Wed, 19 Oct 2011 21:35:05 +0100

The Doctors Co., a fast-growing medical malpractice insurer based in Napa, said Wednesday it has completed a $362 million acquisition of FPIC Insurance Group Inc. The deal was announced in late May. Brendan Doherty, a Doctors Co. spokesman, told the San Francisco Business Times on Oct. 19 that the purchase price was unchanged since the earlier announcement. FPIC (NASDAQ: FPIC), a major provider of health care liability coverage in Florida, Texas, Georgia and Arkansas, is the parent company of First Professionals Insurance Co... (Source: bizjournals.com Health Care:Biotechnology headlines)

Why Congress Is Considering Deep Cuts to Medical Laboratory Test Fees

Dark Daily — Wed, 19 Oct 2011 10:00:20 +0100

Nation’s clinical laboratories may see significant reductions in federal funding for medical laboratory tests in the 2012 federal budget Unprecedented cuts in funding for clinical laboratory services are expected from Congress in coming months. That’s because federal legislators need deep cuts from many sources to cope with the current budget crisis. It is also why [...] (Source: Dark Daily)

What Is the Appropriate Attire for a Physician? (Part II)

Physicians Practice — Tue, 18 Oct 2011 12:00:00 +0100

What you wear may impact everything from a patient’s perception of you to your likelihood of a malpractice suit. (Source: Physicians Practice)

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Just how bad does a private doctor have to be before he gets struck off?

the Mail online | Health — Tue, 18 Oct 2011 06:54:12 +0100

William Brown (pictured) fell victim to a disturbing pattern of medical malpractice where doctors who harm patients in private hospitals ultimately go unpunished. (Source: the Mail online | Health)

Medical Mistakes; Controversial RulingMedical Mistakes; Controversial Ruling

Medscape Today Headlines — Fri, 14 Oct 2011 14:31:00 +0100

Cognitive Glitches that Cause Medical Mistakes; HHS Yanks Public Access to Data Bank; NJ High Court Issues Controversial Ruling: A Roundup of Legal and Medical Malpractice News Medscape Business of Medicine (Source: Medscape Today Headlines)

Tracking The Number Of Doctors Disciplined And Why

Health News from Medical News Today — Thu, 13 Oct 2011 07:00:00 +0100

A total of 606 Canadian physicians were disciplined by their provincial medical licensing authorities between 2000 and 2009, researchers at St. Michael's Hospital found. The majority of disciplined physicians were men (92 per cent) who had been practicing medicine for a long time (an average of 28.9 years) and were independent practitioners (99 per cent), according to Dr. Chaim Bell. The most frequent violations were sexual misconduct (20 per cent), standard of care issues (19 per cent) and unprofessional conduct (16 per cent), he wrote in a paper published in the journal Open Medicine... (Source: Health News from Medical News Today)

Drivers' and conductors' views on the causes and ways of preventing workplace violence in the road passenger transport sector in Maputo City, Mozambique

BMC Public Health - Latest articles — Thu, 13 Oct 2011 04:00:00 +0100

Conclusions: The causes of WPV lie in problems regarding money, behavior, environment, organization and crime. Suggestions for prevention include education, control to avoid critical situations, and a judicial system to assess malpractices. Further research in the road passenger transport sector in Maputo City, Mozambique and similar settings is warranted. (Source: BMC Public Health - Latest articles)

Merck Australia Scores Win In Vioxx Lawsuit

Health News from Medical News Today — Wed, 12 Oct 2011 15:00:00 +0100

In 2010 an Australian law court found in favor a man who blamed the recalled drug for a heart attack he suffered. That ruling now seems to have been overturned in appeal; a win for Merck and its problem Vioxx product. Vioxx which was removed from the market in 2004 had Merck paying out nearly five billion dollars in settlements after research showed those taking the medication had nearly a double risk of heart failure. In the Australian case from 2010, Graeme Peterson was awarded $285,000 in compensation and potentially exposed Merck to hundreds of similar claims... (Source: Health News from Medical News Today)

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What are the Lessons We Can Glean from a Review of Recent Closed Malpractice Cases Involving Oral and Maxillofacial Infections?

Oral and Maxillofacial Surgery Clinics — Wed, 12 Oct 2011 07:56:24 +0100

OMS National Insurance Company insures over 4700 oral and maxillofacial surgeons, 83% of the fellows and members of the American Association of Oral and Maxillofacial Surgeons. The company has over 10,000 closed malpractice claims involving oral and maxillofacial surgeons. Data and trends involving infections that developed following elective surgical procedures and trends involving patients with preexisting odontogenic infections with adverse outcomes are well known to the company. Seven percent of the 10,000+ closed claims involve infections. Recognition and diagnosis of the infection leads to appropriate and timely treatment of infections. Delayed recognition, consultation, and referral leads to delay in the institution of appropriate treatment and can lead to adverse outcomes. (Source:...

EHR security: Confluence of law, patient protection, benefit to physicians

Medical Economics - Malpractice — Mon, 10 Oct 2011 04:00:00 +0100

Electronic health records are changing the paradigm of medical practice by making increasing volumes of information more central to patient care. (Source: Medical Economics - Malpractice)

Communicating the harmful effects of radiation exposure from medical imaging: malpractice considerations.

Health Physics — Sat, 08 Oct 2011 10:51:43 +0100

Authors: Berlin L Abstract Concerns about possible harmful effects of exposure to radiation arising from diagnostic radiologic procedures have existed in both the scientific and lay communities for many decades. There is, however, no question that the degree of concern over the past years has escalated to the "anxiety" if not the "fear" level. Potential exposure to radiation is not a new issue, but it is certainly a "hot" issue. Americans were exposed to more than six times as much ionizing radiation from diagnostic medical procedures in 2006 than they were in early 1980s. To what extent this increased exposure elevates the risk of genetic mutations and/or development of cancer is not known with any degree of certainty. The available data are subject to varying interpretations, oft...

Prescriptions Blog: Senator Protests Agency Decision to Remove Doctor Data Online

NYT Health — Sat, 08 Oct 2011 00:51:02 +0100

Senator Charles E. Grassley on Friday joined with dozens of academic researchers, consumer groups and journalism organizations in protesting a decision to pull off the Web a database of doctor malpractice and disciplinary cases. (Source: NYT Health)

One Way to Avert a Sky-High Malpractice AwardOne Way to Avert a Sky-High Malpractice Award

Medscape Today Headlines — Thu, 06 Oct 2011 14:16:00 +0100

Runaway malpractice awards are a potential outcome of a trial, especially if the plaintiff is sympathetic. One type of legal agreement limits the award. Medscape Business of Medicine (Source: Medscape Today Headlines)

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Malpractice damage payments limited in two California court rulings

Medical Economics - Practice Management — Thu, 06 Oct 2011 04:00:00 +0100

California courts have ruled favorably for physicians and their interests in two recent cases that dealt with medical malpractice issues of national interest. One case dealt with whether plaintiffs can recover more than damages actually paid or incurred in an injury, and the other upheld the state’s cap on noneconomic damages. Some of the issues raised by the rulings are likely to be revisited by other state courts soon. (Source: Medical Economics - Practice Management)

Patient care may be suffering from too much, too soon

Medical Economics - Practice Management — Thu, 06 Oct 2011 04:00:00 +0100

When it comes to medical care, patients aren’t getting too little, too late, but too much, too soon, according to many primary care physicians (PCPs). A recent survey of PCPs found that, often, many believe they provide more care than is really needed, and that malpractice reform, realignment of financial incentives, and having more time with patients could relieve some of that pressure. Find out one commentator's suggestions to turn around the trend of overly aggressive care. (Source: Medical Economics - Practice Management)

Rising Malpractice Insurance Premiums? Yes and NoRising Malpractice Insurance Premiums? Yes and No

Medscape Today Headlines — Wed, 05 Oct 2011 20:20:24 +0100

Malpractice insurance rates for obstetricians/gynecologists, general internists, and general surgeons fell for the fourth straight year, but only by 0.2%, according to Medical Liability Monitor. Medscape Medical News (Source: Medscape Today Headlines)

Primary Care: You DO Need to Know About Genomics--Here's WhyPrimary Care: You DO Need to Know About Genomics--Here's Why

Medscape Today Headlines — Tue, 04 Oct 2011 14:51:00 +0100

Not knowing about genomics invites potential medical harm to your primary care patients, and just as ominous, there could be malpractice risks. Medscape Business of Medicine (Source: Medscape Today Headlines)

An Empirical Investigation of the Differences Between Male and Female Medical School Physicians

The Health Care Manager — Sat, 01 Oct 2011 05:00:00 +0100

The purpose of this research was to investigate gender-related differences among medical school faculty in a variety of areas such as information technology, medical malpractice, compensation, patient care, and carrier satisfaction. The Center for Studying Health System Change's 2008 Health Tracking Physician survey data consisting of 326 medical school faculty belonging to the American Medical Association were used in this study. t Tests indicate that female physicians practicing in medical schools were younger, had less experience, reported lower compensation, and were more likely to be primary care physicians. Male medical school physicians were significantly more concerned about being involved in a malpractice lawsuit. They reported a significantly higher percentage on income based on ...

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Malpractice: Nurse Practitioners and Claims Reported to the National Practitioner Data Bank

The Journal for Nurse Practitioners — Sat, 01 Oct 2011 04:00:00 +0100

Abstract: The purpose of this manuscript is to review the past 4 years of malpractice allegations against nurse practitioners. Specifically, the article covers 5 areas: states with the highest litigation rates, top 5 allegation groups, specific malpractice allegations, severity of injury as a result of alleged malpractice, and mechanism of payment. The data for this study were derived from the National Practitioner Data Bank as of December 2010. (Source: The Journal for Nurse Practitioners)

Most Doctors Face a Malpractice Claim by Age 65

Clinical Neurology News — Sat, 01 Oct 2011 04:00:00 +0100

Although physicians in high-risk specialties face a near certainty of a malpractice claim at some point in their careers, only a small minority will end up making an indemnity payment to a patient. (Source: Clinical Neurology News)

Malpractice claims: prevention is often a better strategy.

Hong Kong Med J — Sat, 01 Oct 2011 04:00:00 +0100

Authors: Wong DS, Lai PB PMID: 21979486 [PubMed - in process] (Source: Hong Kong Med J)

Off-Label Use of Medications

Rheumatology News — Sat, 01 Oct 2011 04:00:00 +0100

This article does not constitute medical, ethical, or legal advice. It is adapted from the author's book, “Medical Malpractice: Understanding the Law, Managing the Risk” (2006). Readers may contact the author at siang@hawaii.edu. (Source: Rheumatology News)

MedWorm Sponsor Message: Please support the Doctors In Chains campaign for the medics tortured and sentenced for up to 15 years in Bahrain. #FreeDoctors

Do Malpractice Concerns Drive Aggressive Care?

Rheumatology News — Sat, 01 Oct 2011 04:00:00 +0100

Major Finding: Almost half of primary care physicians responding to a randomized survey said that they practice too aggressively; 76% said the overtreatment stems from malpractice fears. (Source: Rheumatology News)

Anatomy of a malpractice claim: what every health care professional needs to know.

WMJ — Sat, 01 Oct 2011 04:00:00 +0100

Authors: DuBeau G PMID: 22164584 [PubMed - in process] (Source: WMJ)

Psychiatrists Can't Get No (Job) Satisfaction Psychiatrists Can't Get No (Job) Satisfaction

Medscape Today Headlines — Fri, 30 Sep 2011 15:33:21 +0100

Not being able to spend enough time with patients, fears of malpractice lawsuits, and worries that their patients cannot afford treatment negatively affect psychiatrists' career satisfaction. Medscape Medical News (Source: Medscape Today Headlines)

Malpractice risks can unexpectedly rise with EHR use

ICMCC: The International Council on Medical and Care Compunetics — Fri, 30 Sep 2011 09:55:51 +0100

Source: Marla Durben Hirsch, FierceEMR Content: “Electronic health records contain features, such as templates, which can help providers reduce the risk of malpractice litigation. But the misuse of EHRs actually can cause providers to be more vulnerable to such lawsuits, according to a recent article in MDNews.com. An EHR’s audit trail function, which keeps track of [...] (Source: ICMCC: The International Council on Medical and Care Compunetics)