Relevant bibliographies by topics / Surgical litigation

Academic literature on the topic 'Surgical litigation'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Surgical litigation"

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Alderson, Derek. "Surgical experts and litigation." Bulletin of the Royal College of Surgeons of England 100, no. 3 (May 2018): 117. http://dx.doi.org/10.1308/rcsbull.2018.117.

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2

McLean, T. R., and S. Waxman. "Robotic surgery litigation." Proceedings of the Institution of Mechanical Engineers, Part C: Journal of Mechanical Engineering Science 224, no. 7 (January 12, 2010): 1539–45. http://dx.doi.org/10.1243/09544062jmes1961.

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Like robotic surgery itself, the litigation that follows a robotic surgical misadventure is complex. This complexity is not only a reflection of a product's liability, but also because metadata are contained in surgical robots. Analogous to the ‘black box’ stored on airplanes, at the time of litigation, metadata may be a friend or a foe to the robot's manufacturer. This section provides an overview of the products liability law that can impact a robotic surgical manufacturer and concludes that for most surgical misadventures, a robotic surgical manufacturer will be better off if the surgical instrument stores large volumes of metadata.
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Rich, Barrie S., Kevin Shelton, and Richard D. Glick. "Litigation involving pediatric surgical conditions." Journal of Pediatric Surgery 55, no. 4 (April 2020): 602–8. http://dx.doi.org/10.1016/j.jpedsurg.2019.08.047.

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Mead, John. "Trends in surgical litigation claims." Bulletin of the Royal College of Surgeons of England 96, no. 6 (June 2014): 180–83. http://dx.doi.org/10.1308/147363514x13990346756328.

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Civil claims against NHS bodies in England arising from the actions or inaction of surgeons have risen by 66% in 5 years owing to the funding system in place prior to 1 April 2013. Orthopaedics accounts for the largest percentage of claims. The basic legal test (Bolam) has been in place since the late 1950s and has been amended only slightly by Bolitho in 1997.
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Lane, Jenni, Rahul Bhome, and Bhaskar Somani. "National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade." Scottish Medical Journal 66, no. 4 (November 2021): 168–74. http://dx.doi.org/10.1177/00369330211052627.

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Background and aims Medical litigation claim and costs in UK are rising. This study aims to analyse the 10-year trend in litigation costs for individual clinical specialties in the UK from 2009/10 to 2018/19. Methods Data were procured from National Health Service (NHS) Resolution. Number of claims, total litigation costs and cost per claim were ascertained for each financial year. The data collected also includes the number of claims and average amount per claim per speciality during the years 2009–2019 (2009/2010 to 2018/2019 financial years). Results The total annual cost of NHS litigation is currently £3.6 billion(2018/2019). Damages make up the greatest proportion of costs(£1.5 billion). Surgical specialties have the greatest number of claims annually(2847) but Obstetrics has the greatest total litigation(£1.9 billion) and cost per claim(£2.6 million). Number of claims, total costs and cost per claim are significantly greater in 2018/2019 than in 2009/2010. Conclusions Addressing the issue of litigations is complex. Medically there are speciality specific issues that require attention, whilst some general measures are common to all: effective communication, setting realistic targets and maintaining a motivated, adequately staffed workforce. These, alongside legal reforms, may reduce the financial burden of increasing litigation on the NHS.
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Goodwin, H. "Litigation and surgical practice in the UK." British Journal of Surgery 87, no. 8 (August 1, 2000): 977–79. http://dx.doi.org/10.1046/j.1365-2168.2000.01562.x.

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Barthel, Erik R., Bruce E. Stabile, David Plurad, Dennis Kim, Angela Neville, Scott Bricker, Brant Putnam, and Fred Bongard. "Surgical Malpractice in California: Res Judicata." American Surgeon 80, no. 10 (October 2014): 1007–11. http://dx.doi.org/10.1177/000313481408001021.

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Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by either defense's or plaintiff's counsel at the conclusion of the litigation. Data reviewed included alleged damages incurred by the plaintiff; plaintiff's pre-trial settlement demand, plaintiff or defense verdict, use of alternate means of resolution such as arbitration or mediation, and total monetary award to the plaintiff. A total of 69 cases were reported over a 20-month period: 32 (46%) were plaintiffs’ verdicts, whereas 37 (54%) were in favor of the surgeon. Only 10 (31%) of the plaintiff verdicts were by jury trial, whereas the rest were settled by pretrial agreement, mediation, or arbitration. Of cases settled by alternate dispute resolution, the median settlement was $820,000 (n = 22) compared with a median jury trial award of $300,000 (n = 10).
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Mukherjee, S., C. Pringle, and M. Crocker. "A nine-year review of medicolegal claims in neurosurgery." Annals of The Royal College of Surgeons of England 96, no. 4 (May 2014): 266–70. http://dx.doi.org/10.1308/003588414x13814021679834.

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Introduction Neurosurgery remains among the highest malpractice risk specialties. This study aimed to identify areas in neurosurgery associated with litigation, attendant causes and costs. Methods Retrospective analysis was conducted of 42 closed litigation cases treated by neurosurgeons at one hospital between March 2004 and March 2013. Data included clinical event, timing and reason for claim, operative course and legal outcome. Results Twenty-nine claims were defended out of court and twelve were settled out of court. One case required court attendance and was defended. Of the 42 claims, 28, 13 and 1 related to spinal (0.3% of caseload), cranial (0.1% of caseload) and peripheral nerve (0.07% of caseload) surgery respectively. The most common causes of claims were faulty surgical technique (43%), delayed diagnosis/misdiagnosis (17%), lack of information (14%) and delayed treatment (12%), with a likelihood of success of 39%, 29%, 17% and 20% respectively. The highest median payouts were for claims against faulty surgical technique (£230,000) and delayed diagnosis/misdiagnosis (£212,650). The mean delay between clinical event and claim was 664 days. Conclusions Spinal surgery carries the highest litigation risk versus cranial and peripheral nerve surgery. Claims are most commonly against faulty surgical technique and delayed diagnosis/misdiagnosis, which have the highest success rates and payouts. In spinal surgery, the most common cause of claims is faulty surgical technique. In cranial surgery, the most common cause is lack of information. Claims may occur years after the clinical event, necessitating thorough contemporaneous documentation for adequate future defence. We emphasise thorough patient consultation and meticulous surgical technique to minimise litigation in neurosurgical practice.
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Wheeler, R., S. Blackburn, and H. Biggs. "When might an operative complication be regarded as acceptable? Part 1: Surgical factors that influence courts when finding fault during litigation." Annals of The Royal College of Surgeons of England 97, no. 2 (March 2015): 98–101. http://dx.doi.org/10.1308/003588414x14055925060956.

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In cases where surgeons face litigation over operative misadventure, the result of a trial is uncertain. In order to identify factors in cases of surgical litigation that have influenced the final decision of the courts, we have reviewed recent reported cases, noting both surgical and evidential influences on outcome. Taken together, these reveal that among other influential factors, the acceptability of more than one reasonable operative approach, the court’s approach to inappropriate delegation and the uncertainties of expert evidence all play a role in the determination of the case.
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Ellis, Harold. "Medico-legal Litigation and its Links with Surgical Anatomy." Surgery (Oxford) 20, no. 8 (August 2002): i—ii. http://dx.doi.org/10.1383/surg.20.8.0.14518.

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Dissertations / Theses on the topic "Surgical litigation"

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Smith, Joseph Wayne. "The litigation threat to surgical practice: legal reform and risk management." Thesis, 2013. http://hdl.handle.net/2440/86227.

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There exists a considerable body of literature, across jurisdictions in the common law world, and including a wide variety of sources – from academic articles to presidential speeches – asserting the existence of a “medical litigation crisis”. Surgery, in particular, is on the “front line” of this crisis, making it also a “surgical litigation crisis”. The research aims to first understand the nature and the extent of the threat that litigation poses to surgical practice. A critique of tort law in relation to surgical practice will be undertaken. A synthesis of the literature on the reform of tort law and medical malpractice law will be given including: no-fault medical injury claim systems; limitation of remuneration for non-economic loss and the establishment of special health courts and Alternative Dispute Resolution methods. The research work and its publications will propose potential solutions to these litigation problems; investigate impediments to their realisation and examine practical strategies for the motivation of governments to engage in legislative reform, as well as examining the limitations of law for solving social problems. Changes to medical practice, such as strategies of eliminating medical error and risk management are also discussed.
Thesis (Ph.D.) -- University of Adelaide, School of Medicine, 2013
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Books on the topic "Surgical litigation"

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Smith, Joseph Wayne. The surgical litigation crisis: Medical practice and legal reform. Lewiston: Edwin Mellen Press, 2010.

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New Jersey. Legislature. Senate. Law and Public Safety Committee. Public hearing before Senate Law and Public Safety Committee: Senate committee substitute for Assembly concurrent resolution no. 2 and Senate concurrent resolution no. 86 : proposes amendment to Constitution regarding parental notification for medical or surgical procedures or treatments relating to pregnancy to be performed on minor children. Trenton, N.J: The Committee, 2001.

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Book chapters on the topic "Surgical litigation"

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Jibawi, Abdullah, Mohamed Baguneid, and Arnab Bhowmick. "Medico-legal aspects of surgical practice." In Current Surgical Guidelines, edited by Abdullah Jibawi, Mohamed Baguneid, and Arnab Bhowmick, 27–40. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198794769.003.0003.

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Medical law is a branch of law concerned with the responsibilities of healthcare professionals and the rights of patients. Civil cases (litigation) are heard in the County and High Court in England and Wales, and Sheriff Courts and Court of Session in Scotland. If a trial takes place, then the claimant has to provide enough evidence, and judgment would be based on the balance of probabilities. Both parties can appeal the judgment. Criminal cases (proceedings) are dealt with by the Crown Prosecution Service (CPS) in most cases. The CPS engages barristers to conduct the prosecution in the higher court. The burden of proof is placed on the prosecution. They must call supporting evidences to prove that the defendant is guilty. The defendant then needs to prove that the evidence is unreliable and that the evidence does not prove guilt to the required standards. i.e. beyond reasonable doubt. Doctors should always be aware of certain aspects of medicolegal principles in their practice, such as rules for appearing in court for doctors, writing a statement, mental health act, brain stem death, and confidentiality.
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Miglioretti, Massimo, Francesca Mariani, and Luca Vecchio. "Could Patient Engagement Promote a Health System Free From Malpractice Litigation Risk?" In Promoting Patient Engagement and Participation for Effective Healthcare Reform, 240–64. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-4666-9992-2.ch012.

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In recent decades, medical malpractice litigation experienced a large-scale expansion in the United States as well as in Europe, involving both medical and surgical specialties. Previous studies have investigated the reasons why patients decide to sue doctors for malpractice and highlighted that adverse outcome, negative communication with doctors and seeking compensation are among the major reasons for malpractice litigation. In this chapter, patient engagement is discussed as a possible method for reducing the risks of doctors being sued for medical malpractice. The results of a first qualitative study underline how an active role for patients and their engagement in the treatment definition and execution could be a way to limit the occurrence of malpractice litigations. However, a second study noted that in Italy, many patients are still struggling to become involved in the process of their care. The authors discuss the role of professional education in promoting patient engagement in Italy.
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Miglioretti, Massimo, Francesca Mariani, and Luca Vecchio. "Could Patient Engagement Promote a Health System Free From Malpractice Litigation Risk?" In Health Economics and Healthcare Reform, 431–54. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-3168-5.ch024.

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In recent decades, medical malpractice litigation experienced a large-scale expansion in the United States as well as in Europe, involving both medical and surgical specialties. Previous studies have investigated the reasons why patients decide to sue doctors for malpractice and highlighted that adverse outcome, negative communication with doctors and seeking compensation are among the major reasons for malpractice litigation. In this chapter, patient engagement is discussed as a possible method for reducing the risks of doctors being sued for medical malpractice. The results of a first qualitative study underline how an active role for patients and their engagement in the treatment definition and execution could be a way to limit the occurrence of malpractice litigations. However, a second study noted that in Italy, many patients are still struggling to become involved in the process of their care. The authors discuss the role of professional education in promoting patient engagement in Italy.
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