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Статті в журналах з теми "Lawers – Malpractice"

Автор: Grafiati

Опубліковано: 23 червня 2022

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1

Ginsburg, William H. "Polemics in Risk Management: Essentials regarding the Issue of Malpractice: Anatomy of a Malpractice Claim the Basics." American Journal of Cosmetic Surgery 10, no. 3 (September 1993): 165–68. http://dx.doi.org/10.1177/074880689301000302.

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Physicians should make every effort to avoid malpractice suits. However, if they become involved in a case where malpractice is alleged, there are rules and protocols visited on both physicians and lawyers that will assist in successfully defending the physician or medical group. In exploring these rules and protocols, many of the methods of avoiding malpractice in the first instance become apparent. The authors' conclusions in the instant papers all lead to one conclusion: having a good lawyer to whom the physician can relate, as well as establishment of a careful, caring, thorough and rational relationship with the patient and ultimately the judge and jury, if necessary, are the keys to success in any malpractice or potential malpractice setting.

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2

L., J. F. "$45 MILLION MALPRACTICE VERDICT." Pediatrics 95, no. 6 (June 1, 1995): 900. http://dx.doi.org/10.1542/peds.95.6.900.

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... A Fairburn family has been awarded $45 million after their son had to have his hands and legs amputated following an HMO's decision to have him treated at a hospital 42 miles from his home. On March 26, 1993, Lamona Kaye Adams called the company's emergency line about 3:50 a.m. to report that her 6-month-old son, James, was moaning, panting, limp, and running a 104-degree temperature. After telling her to place the child in a tepid bath, the emergency line nurse checked with a doctor and directed that the child be taken to Scottish Rite Hospital, north of Atlanta. Kaiser Permanente receives a 15% discount for patients at Scottish Rite. On the way to Scottish Rite, James' heart stopped. He was revived with CPR at another hospital, but circulation ceased to his extremities and he developed gangrene. A blood infection was later diagnosed. During a nine-day trial in Fulton State Court, Kaiser's lawyers contended that it would have made no difference if James had been sent to the nearest emergency room. "Our issue is quality," said the Kaiser Permanente medical director for Georgia. "Quality pediatric care was most available at Scottish Rite." But the Adamses' lawyer called the case an example of what happens when cost-conscious managed-care providers try to cut corners.

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3

Farrow, Freeman L. "The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician." American Journal of Law & Medicine 36, no. 1 (March 2010): 188–220. http://dx.doi.org/10.1177/009885881003600104.

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Critics of the current medical malpractice tort system claim that adjudication of malpractice claims before generalist judges and lay juries contributes to rising costs of medical malpractice insurance premiums and medical care. They claim that properly deciding issues in this realm requires specialized knowledge of medicine and medical technology that juries, and even judges of general jurisdiction, do not possess. One lobbying group alleges there is a continuing medical malpractice litigation crisis in the United States, evidenced by increasing medical costs, deaths from needless medical errors, departure of physicians from the practice of medicine due to increasing medical malpractice insurance premiums, and random medical justice in medical malpractice cases. Whether there is a direct, causal correlation between the increasing cost of medical malpractice insurance premiums and medical malpractice litigation is debatable.

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4

Hiatt, Howard. "Patients, Doctors, and Lawyers: Resolving the Malpractice Crisis." Bulletin of the American Academy of Arts and Sciences 44, no. 8 (May 1991): 41. http://dx.doi.org/10.2307/3824679.

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5

Charatan, Fred. "US doctors debate refusing treatment to malpractice lawyers." BMJ 328, no. 7455 (June 24, 2004): 1518.1. http://dx.doi.org/10.1136/bmj.328.7455.1518.

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6

Schrager, Gloria O. "Medical "Experts" for Hire!" Pediatrics 95, no. 2 (February 1, 1995): 320–21. http://dx.doi.org/10.1542/peds.95.2.320b.

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Recent experiences as a medical expert in malpractice cases have made me increasingly disheartened by the damage done to innocent colleagues by members of our own profession. We tend to inveigh against malpractice lawyers as our adversaries, but they could accomplish very little without the full cooperation and enthusiastic support of medical consultants. The following case illustrates several abuses that I believe are important to bring to the attention of the medical community. A full-term female neonate was born by normal spontaneous delivery after an uncomplicated pregnancy.

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7

Brown, R. Blake, and Magen Hudak. "‘Have you any recollection of what occurred at all?’: Davis v. Colchester County Hospital and Medical Negligence in Interwar Canada." Journal of the Canadian Historical Association 26, no. 1 (August 8, 2016): 131–62. http://dx.doi.org/10.7202/1037200ar.

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The history of medical malpractice in Canada has received little attention from legal or medical historians. Through a contextualized study of a Nova Scotia case from the 1930s, Davis v. Colchester County Hospital, this article demonstrates how changes in technology and surgical procedures both created situations that spurred malpractice claims, and made it difficult for injured patients to prove medical negligence. In addition, developments in tort law concerning the liability of hospitals, and the doctors and nurses working within them, provided medical defendants ample opportunity to avoid legal liability, even in cases in which the existence of negligent treatment was obvious. The testimony at trial, the legal strategies utilized by the lawyers, and the judicial rulings also shed light on attitudes of the medical profession toward personal responsibility and ethics, and demonstrates how the interests of patients were weighed against those of medical institutions and professionals by lawyers and judges.

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8

Girone, Joseph A. C. "GUILTY! DON'T WORRY." Pediatrics 77, no. 3 (March 1, 1986): A40. http://dx.doi.org/10.1542/peds.77.3.a40.

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It's amazing. The lawyers make the malpractice laws, witch hunt until a case is found, and then take a large portion of any award given. They are not satisfied with that. Robert V. Wills, JD, writing in Surgical Rounds gives we physicians three maxims on how to react when slapped with a malpractice suit. The lawyers don't want the physicians to get upset or overreact when accused of negligence, carelessness, or reckless behavior. Wills reminds us there is better than a 50/50 chance of resolution of the claim in the doctor's favor. These cases should be treated as an economic nuisance and you may not be the primary defendant. He further suggests physicians regard a malpractice claim as a "cost of doing business." Are we going to accept this advice so kindly offered by the legal councilors? After all, they don't give free advice often. The medical profession is special in many ways. Therefore, any allegation of wrongdoing or mistreatment of a patient must be addressed by that profession the best way available. The medical profession should never approach the malpractice crisis in this country with an attitude of "economic nuisance" or percent chances of resolution in the doctor's favor. The physician's attitude and feelings toward a malpractice action are more accurately described by a fellow physician, Dave Ellison, MD, in the piece "Not Guilty." These cases are a direct attack on the competence and integrity of the victim—physician. Let's take the advice of Dr. Ellison and show our colleagues who are sued, respect, compassion, and concern. Unknowingly, he put in prospective the lawyer's maxims when he wrote "[it's] no more useful than advising a depressed patient to "cheer up!" We need not look outside of our profession to advise us on our behavior in this difficult situation.

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9

Rosenbloom, Arlan L. "Hired Guns and Malpractice Cases." Pediatrics 95, no. 6 (June 1, 1995): 958. http://dx.doi.org/10.1542/peds.95.6.958.

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I have just read Gloria Schrager's letter in the February issue on medical expertise and John Kattwinkel's reply. My own experience as an expert for both plaintiffs and defendants is littered with examples of "hired guns" testimony by our colleagues. Those of us who have been appalled by this behavior and would be willing to sign contributions about offensive experiences might be able to make a difference. Certainly the lawyers' services will find these articles and would be able to eventually discover who the author was talking about.

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10

Reinker, Kenneth S., and David Rosenberg. "Improve Medical Malpractice Law by Letting Health Care Insurers Take Charge." Journal of Law, Medicine & Ethics 39, no. 3 (2011): 539–42. http://dx.doi.org/10.1111/j.1748-720x.2011.00620.x.

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The general consensus is that reform of medical malpractice law should be part of the health care system's overhaul. Medical malpractice litigation results in the expenditure of tens of billions annually, largely paid out of health care insurance funds and mostly (roughly two-thirds) paid to defendants' and plaintiffs' lawyers. By all accounts, this tort law regime ill serves the basic deterrence and compensation goals of civil liability. The causes and magnitude of these failings are disputed, and many typical reform proposals sidestep the basic problems and may do more harm than good. In contrast, we advance a straightforward way to improve both deterrence and compensation. Essentially, the proposal is to remove current legal limitations on the scope of insurance subrogation that bar private and public health care insurers from “buying” the whole of their insureds' potential medical malpractice claims in exchange for lower premiums and taxes and expanded insurance coverage. Our proposal’s benefits accrue regardless of the cause and magnitude of the failings of malpractice law or the further reforms that might be adopted.

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11

BOSCHERT, SHERRY. "Best Malpractice Defense Is a Competent Lawyer." Skin & Allergy News 36, no. 6 (June 2005): 64. http://dx.doi.org/10.1016/s0037-6337(05)70337-5.

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12

BOSCHERT, SHERRY. "Best Malpractice Defense Is a Competent Lawyer." Internal Medicine News 38, no. 12 (June 2005): 75. http://dx.doi.org/10.1016/s1097-8690(05)71113-6.

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13

Helmstetter, Carl H. "Malpractice warning signs for the evaluative lawyer-mediator." Alternatives to the High Cost of Litigation 17, no. 7 (July 1999): 125–41. http://dx.doi.org/10.1002/alt.3810170702.

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14

Southwick, Lawrence, and Gary J. Young. "Lawyers and medical torts: medical malpractice litigation as a residual option." Applied Economics 24, no. 9 (September 1992): 989–98. http://dx.doi.org/10.1080/00036849200000076.

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15

Johnston, Cameron. "NEUROLOGIST-LAWYERS OFFER TIPS FOR PROTECTING YOURSELF IN MEDICAL MALPRACTICE SUITS." Neurology Today 2, no. 3 (March 2002): 12–13. http://dx.doi.org/10.1097/00132985-200203000-00007.

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16

Ries, Michael D., Joseph S. Bertino, and Anne N. Nafziger. "Distribution of Orthopaedic Surgeons, Lawyers, and Malpractice Claims in New York." Clinical Orthopaedics and Related Research 337 (April 1997): 256–60. http://dx.doi.org/10.1097/00003086-199704000-00028.

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17

ERİŞ, Hüseyin, and Filiz KIROĞLU. "CRIMINAL RESPONSIBILITIES OF PHYSICIANS IN MEDICAL MALPRACTICE." ATLAS JOURNAL 7, no. 44 (September 24, 2021): 2227–42. http://dx.doi.org/10.31568/atlas.783.

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The aim of this study is to determine the criminal responsibilities of health workers in the relevant laws on medical malpractice in the health sector and to reveal the factors in the formation of medical malpractice. This study is a descriptive study. With the information obtained as a result of the Turkish Penal Code No. 5237, the Law No. 1219 on the Practice of the Style of Medicine and Medical Arts, the Law No. 1593 on Public Health, the Law on the Turkish Medical Association No. 6023, the Turkish Code of Obligations, the Patient Rights Regulation and literature reviews, the medical malpractice of health workers criminal liability has been compiled. In recent years, serious educational studies have been carried out on the subject of medical malpractice and information activities have been carried out on this subject both to health workers and patients. Especially when the awareness about medical malpractice started to increase in patients and their relatives, serious lawsuits were filed against health personnel due to simple mistakes made. Health workers have to defend themselves in the face of these lawsuits. Because serious steps have not been taken yet on Medical Malpractice in the Turkish Penal Code. For this reason, both the court committee, the patient, the health institution and its employees face some difficulties in this process. In particular, healthcare professionals are faced with a serious lack of knowledge about the criminal liability of medical malpractice. Since the laws regarding the health law in our country are not fully regulated, these cases can only be heard in a lawsuit to be opened due to the fault of the health personnel, according to the provisions of the Turkish Penal Code and the Code of Obligations. These lawsuits are carried out in the form of criminal cases, material and moral compensation cases. Therefore, the litigation process may take longer. For this reason, special arrangements to be made regarding medical malpractice in the field of health law will be important in concluding such cases as soon as possible by ensuring that such cases are handled more objectively in terms of the defendant and the plaintiff. It is necessary to determine the rights and duties of both patients and healthcare professionals by carrying out a study with broad participation by health sector representatives, especially lawyers, in order to overcome this deficiency.

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18

L., J. F. "DOCTORS' OWN GUIDELINES HURT THEM IN COURT." Pediatrics 95, no. 1 (January 1, 1995): 104. http://dx.doi.org/10.1542/peds.95.1.104.

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Doctors are finding that they can get burned by cookbook medicine. Recent court cases, as well as a Harvard University study, suggest that written guidelines on how to treat particular medical conditions have become powerful weapons for plaintiffs in malpractice cases. Where plaintiffs once had to rely on hired experts to argue that a procedure was botched, they can now point to official treatment recipes issued by physician groups themselves. "Lawyers like me are using them in court all the time to say, "Gee, your own organization says this is a minimum standard of care, and you didn't follow it." Ironically, doctors have embraced and developed guidelines in recent years, believing they could be used to fight malpractice suits. "The hope was that guidelines would say specifically what the standard of care was," says Troyen Brennan, a health law expert and an author of the Harvard study. Medical groups have issued dozens of guidelines, from instructions on performing Caesarian deliveries to recommendations on treating intoxicated trauma patients ... the Harvard study warns that the rising use of guidelines in malpractice litigation could "chill physicians' interest" in writing new ones. According to the Harvard study, which was released earlier this year by the School of Public Health, such guidelines are about three times more likely to be used against doctors than in their defense. The Harvard researchers examined 13 years of court decisions and 259 claims filed with malpractice insurers. Where it's clear that a doctor met the required standards, the guidelines can aid physicians.

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19

Ghaith, Summer, Gregory Moore, Kristina Colbenson, and Rachel Lindor. "Charting Practices to Protect Against Malpractice: Case Reviews and Learning Points." Western Journal of Emergency Medicine 23, no. 3 (April 28, 2022): 412–17. http://dx.doi.org/10.5811/westjem.2022.1.53894.

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Introduction: Medical documentation issues play a role in 10-20% of medical malpractice lawsuits. Inaccurate, incomplete, or generic records undermine a physician’s defense and make a plaintiff’s lawyer more likely to take on a case. Despite the frequency of documentation errors in malpractice suits, physicians receive very little education or feedback on their documentation. Our objective in this case series was to evaluate malpractice cases related to documentation to help improve physicians’ documentation and minimize their liability risks. Methods: We used Thomson Reuters Westlaw legal database to identify malpractice cases related to documentation. Common issues related to documentation and themes in the cases were identified and highlighted. Results: We classified cases into the following categories: incomplete documentation; inaccurate text; transcription errors; judgmental language; and alteration of documentation. By evaluating real cases, physicians can better understand common errors of other practitioners and avoid these in their own practice. Conclusion: Emergency physicians can reduce their liability risks by relying less on forms and templates and making a habit of documenting discussions with the patients, recording others’ involvement in patient care (chaperones, consultants, trainees, etc.), addressing others’ notes (triage staff, nurses, residents, etc.), paying attention to accuracy of transcribed or dictated information, avoiding judgmental language, and refraining from altering patient charts.

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20

Nichols, James D. "Lawyer???s Advice on Physician Conduct With Malpractice Cases." Clinical Orthopaedics and Related Research 407 (February 2003): 14–18. http://dx.doi.org/10.1097/00003086-200302000-00004.

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21

Bartlett, Francesca. "Making lawyers pay for malpractice in court: skirting advocates’ immunity in Australia." International Journal of the Legal Profession 24, no. 2 (August 26, 2016): 109–23. http://dx.doi.org/10.1080/09695958.2016.1223672.

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22

Corum, Lydia A. "Legalities in All Wound Care Negligence of Care." Emergency Medicine – Open Journal 7, no. 1 (October 7, 2021): 7–8. http://dx.doi.org/10.17140/emoj-7-159.

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Wound care costs in the United States exceeds 10 times more than that of other countries.1 Legal suites are increasingly paid out by clinicians, not the hospitals or the healthcare system.2 Many clinicians are facing lawsuits for malpractice or professional neglect. When taken to court and found guilty, the judgment will result in a large settlement then include the loss of the clinician’s license.1 Since malpractice has a limited judgement, many lawyers are seeking damages as a result of elder abuse. In using elder abuse, the judgements do not have a limitation and often result in very large settlements.2 Clinicians need to learn how to protect him/herself from lawsuits and present the best defense. Areas of negligences in care are: 1) Failure to follow the provider’s orders. 2) Failure to properly monitor and observe the patient and the progress of the wound, 3) Failure to report changes in the patient’s condition. 4) Failure to properly document wound assessment properly and with true description.2

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23

SOUTHWICK, LAWRENCE, and GARY J. YOUNG. "Doctors, Lawyers, and Malpractice Insurance: Is Physician Discipline or Legal Restrictions the Answer?" Law & Policy 12, no. 2 (April 1990): 155–74. http://dx.doi.org/10.1111/j.1467-9930.1990.tb00045.x.

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24

Weintraub, M. I., T. H. Glick, and R. G. Holloway. "Malpractice claims: Outcome evidence Lawyers, litigation, and liability: Can they make patients safer?" Neurology 57, no. 9 (November 13, 2001): 1738. http://dx.doi.org/10.1212/wnl.57.9.1738.

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25

Student. "WHO IS AT FAULT?" Pediatrics 84, no. 1 (July 1, 1989): A24. http://dx.doi.org/10.1542/peds.84.1.a24a.

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Doctors, lawyers, architects, and other professionals strike a bargain with society: Leave us alone, they say, and we will take care of you. . . . But do professionals warrant the trust placed in their hands? Headlines shout of bridges and buildings toppling. Health care costs escalate. Our children compare poorly in knowledge of science, math, and foreign languages with those of other countries. Malpractice suits skyrocket. Greed corrupts Wall Street. America has lost the industrial muscle that was once the envy of the world. Has our army of experts, whom we entrust to take care of us, let us down? Or, on the other hand, have we let them down, shackling them in regulations, keeping them from doing their jobs, impeding them in the free exercise of their expertise?

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26

Student. "WHO IS AT FAULT?" Pediatrics 83, no. 4 (April 1, 1989): 506. http://dx.doi.org/10.1542/peds.83.4.506.

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Doctors, lawyers, architects, and other professionals strike a bargain with society: Leave us alone, they say, and we will take care of you ... But do professionals warrant the trust placed in their hands? Headlines shout of bridges and buildings toppling. Health care cost escalate. Our children compare poorly in knowledge of science, math, and foreign languages with those of other countries. Malpractice suits skyrocket. Greed corrupts Wall Street. America has lost the industrial muscle that was once the envy of the world. Has our army of experts, whom we entrust to take care of us, let us down? Or, on the other hand, have we let them down, shackling them in regulation, keeping them from doing their jobs, impeding them in the free exercise of their expertise?

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27

BRUNK, DOUG. "Pain Expert and Former Malpractice Lawyer Shares Tips for Effective Opioid Prescribing." Rheumatology News 7, no. 1 (January 2008): 20. http://dx.doi.org/10.1016/s1541-9800(08)70025-5.

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28

Min, Young Don, Il Ok Lee, and Ji Tae Choung. "Medical Malpractice: What is the Difference between an Anesthesiologist and a Lawyer." Korean Journal of Anesthesiology 47, no. 3 (2004): 389. http://dx.doi.org/10.4097/kjae.2004.47.3.389.

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29

Lovett, Steven L. "The Practical Effect of New Ethics Rules: Responding to Subpoenas and Document Requests About Client Information." Journal of Law and Commerce 36, no. 2 (May 31, 2018): 157–68. http://dx.doi.org/10.5195/jlc.2018.141.

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This article is a comparative overview of the American Bar Association’s Model Rule 1.6(b) before and after the issuance of the ABA’s Formal Opinion 473, issued on February 17, 2016, which was an attempt to restate and revise the rule’s ethical expectations and to help settle several questions that had plagued the rule’s practical application. A lawyer’s duty of confidentiality to his or her client, and the public policy favoring judicial efficiency and fair disclosure during the discovery phase of litigation, often places lawyers in precarious ethical positions. This article attempts to provide guidance on this issue through an analysis of the rule and the context in which a lawyer’s overarching duty to keep his or her client’s information confidential can be precluded by the lawful compulsion to disclose such information without incurring malpractice liability.

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30

Jamail, Joseph D. "Professional liability: How a trial lawyer prepares a medical malpractice case for trial." Annals of Thoracic Surgery 52, no. 2 (August 1991): 362–64. http://dx.doi.org/10.1016/0003-4975(91)91386-a.

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31

Prisco, Julianne. "Insuring That Good Deeds Go Unpunished: Instituting State-Provided Malpractice Protection for Pro Bono Family Lawyers." Family Court Review 52, no. 4 (October 2014): 725–40. http://dx.doi.org/10.1111/fcre.12124.

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32

Crous, AJ. "Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 3 (June 26, 2017): 97. http://dx.doi.org/10.17159/1727-3781/2009/v12i3a2735.

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A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is becoming more and more aware of its rights in respect of health services and health care. The public opinion calls for development of dispute resolution proceedings. The fact that the law is not accessible to everyone in South Africa is a matter of concern. High litigation costs, coupled with the time consuming protracted, formal and complicated process, call for a transformation towards an alternative, non-judicial process that is suitable for a particular dispute and apposite to the parties involved. Selection panels, the medical ombudsperson and arbitration clauses incorporated in doctor/patient agreements, are ADR mechanisms that have been proved by American law as suitable for resolution of medical malpractice claims. In this particular article attention is paid to screening panels as pre-trial mechanism with the exclusive purpose to select malpractice disputes, discourage unfounded disputes and to encourage an early settlement in case of a prima facie case.Several objections have been raised by critics in this regard, for instance, a screening panel infringes on: the right of equal protection/the right of access to the courts/the right to a jury trial/the right to a due process as well as on the trias politica doctrine. These so-called infringements are attended to and eventually a positive conclusion regarding screening panels is made: medical screening panels (consisting generally of a medical doctor, a lawyer and a member of public), based on the American experience, is indeed an appropriate dispute resolution method.

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33

Marzi, Leopold-Michael. "Risk management and healthcare safety: Ten years of experience at the Vienna General Hospital." Journal of Patient Safety and Risk Management 23, no. 6 (October 5, 2018): 265–68. http://dx.doi.org/10.1177/2516043518799026.

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We should use the word “Health Care Safety” instead of “Patient Safety,” because in cases of malpractice the people who are in charge of treatment of patients can be “second victims.” The typical damage case occurs to an above-average employee in a risk-prone discipline after working in the job for 20 years often between Friday afternoon and Sunday more often in the months of January, March or July due to a preceding communication error and a missing assertiveness of a person who is involved in the case. Very often, health professionals do not know how to react in case of malpractice or emergency from a legal point of view. The patient or his family contact a lawyer immediately, but who helps the health professionals to cope with the case? The Vienna General Hospital (VGH) is one of the biggest in the world. In 1999, the project “Risk Management” was initiated by the Legal Department. The aim at this time was: “Minus 50% concerning cases and more than 50% less costs in the next ten years (2000–2010).” In 2010, the aim was reached and the positive trend is still continuing, but how did it work? The VGH in cooperation with the Vienna Insurance Group created a complete new form of quick help in case of emergency: the so-called “Legal Emergency Kit.” It represents a handy plastic case on which a paragraph is stamped. A special checklist tells what to do in case of legal emergency. The legal practitioner of the VGH can be called at any time via mobile phone. The malpractice cases are analysed in a retrospective damage analysis, which helps to avoid errors and damages in the future.

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34

Tahmindjis, Phillip. "An International Resolution on Non-Discrimination in Legal Practice." International Journal of Discrimination and the Law 4, no. 1 (March 2000): 73–85. http://dx.doi.org/10.1177/135822910000400104.

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The International Bar Association resolution on non-discrimination in legal practice represents an important first step in the incorporation of human rights norms and principles, particularly as they relate to discrimination, into the working life of lawyers. It is not a legally binding document, but nevertheless is of the highest ethical significance. Based on international human rights instruments, it necessarily imports into its terms and concepts both the best and the worst aspects of those instruments. It nevertheless represents an expansion in some areas (such as with respect to harassment and sexuality) and makes it clear where responsibility for the promotion and enforcement of these principles lies. In this regard, it may be an important first step in the transformation of the so-called “soft law” of human rights into a firmer enforceable domestic version by ultimately requiring the link to be drawn between malpractice and human rights.

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Foucar, Elliott. "Pathology Expert Witness Testimony and Pathology Practice: A Tale of 2 Standards." Archives of Pathology & Laboratory Medicine 129, no. 10 (October 1, 2005): 1268–76. http://dx.doi.org/10.5858/2005-129-1268-pewtap.

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Abstract Context.—Pathologists work in an environment in which, to the extent possible, diagnostic decisions are based on scientific principles. It can therefore be a rather shocking experience when a pathologist finds one of his or her diagnostic decisions being evaluated by a legal system developed and controlled by lawyers and judges rather than by scientists or pathologists. This experience can be even more troubling when a key participant in the proceedings is a fellow pathologist guiding a jury toward an unfamiliar interpretation of the pathology standard of care. Objective.—To provide the interested pathologist with the background information necessary to (1) understand the role of expert testimony in malpractice litigation and (2) understand why there can be a gap between expert opinions expressed in court and expert opinions expressed in a medical care context. Data Sources.—Medical literature review supplemented by review of subspecialty position papers, selected articles from newspapers and magazines, and legal decisions. The medical literature review was limited to articles published in English and was based largely on articles retrieved using the MeSH terms expert testimony/legislation & jurisprudence, and pathology/legislation & jurisprudence. Conclusions.—Medical error has become an increasingly important topic for pathologists, and although errors or allegations of error are evaluated in many ways, the evaluation with the most impact on the individual pathologist is a malpractice case. During the last decade physicians have increasingly become aware of the critical role played by expert testimony in malpractice litigation. Some physicians have asserted that providing expert testimony is the practice of medicine, and that it is unacceptable for juries to be presented with expert testimony that incorrectly describes medical practice standards. However, this opinion has been vigorously opposed by attorneys who feel that juries are best able to come to a correct conclusion if they base their deliberations on a broad spectrum of opinion. Gaining an increased role in the oversight of expert testimony would allow physicians to establish a closer alignment between opinions expressed in court testimony and opinions expressed in clinical practice. However, despite some physician success in inserting themselves into the oversight process, both physicians and physician organizations attempting to take action against misleading expert testimony continue to be vulnerable to legal attack.

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McHugh, M., and SS Haas. "Limitations of liability insurance." Critical Care Nurse 13, no. 6 (December 30, 1993): 88–90. http://dx.doi.org/10.4037/ccn1993.13.6.88.

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In the unfortunate event that you are sued for malpractice, the following suggestions could maximize the benefits of your professional liability insurance policy: Do not contact the claimant, because any statements you make can be used against you in a suit. Provide the insurer with as much information as possible. Monitor the case regularly by contacting the insurance adjuster assigned to the case and request copies of all documents generated. Communicate your feelings with the company about defending or settling the case. If you completely violated a standard of care such as giving an IV push medication to the wrong patient because of failure to check the patient's name bracelet, try to settle this case out of court. A jury would not likely be sympathetic to a nurse who injured a patient in this manner. Review the entire medical record and discuss your analysis with your attorney. Remember, as a policyholder, you have the right to demand that your claim be handled by a competent, professional lawyer. Unlike other professionals, attorneys are not required to have national certification. Defendants have the right to ask assigned attorneys about their malpractice experience. Does the attorney have a working knowledge of the procedures and technical jargon concerning the case? How many similar cases has the attorney handled? You have a right to these answers.

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Furrow, Barry R. "The Problem of Medical Misadventures: A Review of E. Haavi Morreim's Holding Health Care Accountable." Journal of Law, Medicine & Ethics 29, no. 3-4 (2001): 381–93. http://dx.doi.org/10.1111/j.1748-720x.2001.tb00355.x.

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Health-care provider liability has again taken center stage in American political debate, but with an ironic twist. In the seventies, physicians wanted tort reform, but they measured such reform solely by a reduction in both the risk of being sued and the size of any judgment a plaintiff could win. Malpractice reforms in many states in the seventies therefore capped damages, reduced contingency awards to lawyers, and restricted other tort rules to limit plaintiff success. Today physicians are conflicted. They want an increase in liability exposure — not for themselves, but for managed care plans. We have therefore ended up with a series of overlapping debates, with the same debaters taking contradictory positions. Should managed care organizations—until now protected by ERISA preemption from liability—be liable? Physicians say yes. But should physicians be protected from the threat of suit, which they argue acts as an in terrorem device that drives disclosure of medical errors into hiding?

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Costa, Eva Dias, and Micaela Pinho. "Does implicit healthcare rationing impose an unfair legal burden on doctors? A study of Portuguese jurisprudence." Medical Law International 20, no. 1 (March 2020): 31–57. http://dx.doi.org/10.1177/0968533220927441.

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Healthcare rationing is inevitable, never more so than during the COVID-19 pandemic. In Portugal, rationing is largely implicit and relies too much on bedside decisions, made in stressful circumstances, involving ethical dilemmas and being prone to error. This study uses a qualitative approach by exploring the public records of Portuguese courts for malpractice suits between the years of 2008 and 2019 to ascertain whether the damage suffered by patients in these cases could in any part be attributed to a lack of resources. During this research, we found that a large number of lawsuits against doctors and hospitals might have in fact been the unfortunate result of the constraints of implicit prioritization. We concluded that lawyers and judges must be made aware of the impact of implicit rationing decisions on healthcare professionals, who are judged against a professional standard and an inverse onus rule that places on them a heavy burden of proof.

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MacCourt, Duncan, and Joseph Bernstein. "Medical Error Reduction and Tort Reform through Private, Contractually-Based Quality Medicine Societies." American Journal of Law & Medicine 35, no. 4 (December 2009): 505–61. http://dx.doi.org/10.1177/009885880903500402.

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AbstractThe current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called “Culture of Silence” in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform—a logical and strategic error, in our view.In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where physicians cede their implicit “right to remain silent,” even if some injured patients will receive less than they do today. Likewise, physicians will be happier with a system that avoids blame—even if this system placed strict requirements for high quality care and disclosure of error. We therefore conceive of de facto trade between patients and physicians, a Pareto improvement, taking form via the establishment of “Societies of Quality Medicine.” Physicians working within these societies would consent to onerous processes for disclosing, rectifying and preventing medical error. Patients would in turn contractually agree to assert their claims in arbitration and with limits on recovery. The role of plaintiffs' lawyers would be unchanged, but due to increased disclosure, discovery costs would diminish and the likelihood of prevailing will more than triple.This article examines the legal and policy issues surrounding the establishment of Societies of Quality Medicine, particularly the issues of contracting over liability, and outlines a means of overcoming the theoretical and practical difficulties with enterprise liability, alternative dispute resolution and the imposition of limits on recovery for non-pecuniary damages. We aim to build a welfare enhancing system that rebuffs the culture of silence and promotes error reduction, a system that is at the same time legally sound, fiscally prudent and politically possible.

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Schanz, Stephen J. "Entrepreneurial selection and use of legal counsel." New England Journal of Entrepreneurship 10, no. 2 (March 1, 2007): 59–63. http://dx.doi.org/10.1108/neje-10-02-2007-b006.

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Entrepreneurs starting new ventures will encounter a host of legal issues requiring consultation with an attorney on an episodic or ongoing basis. It is critical that careful attention be given to the attorney selection process to properly match the needs of the company with the credentials of the attorney.Additionally, options should be explored regarding the billing and payment methodologies the attorney is willing to entertain. The financial resources and cash flow of young companies will likely have a direct impact on the financial agreements entered into with legal counsel. Further, companies desirous of offering the attorney a stake in the company as full or partial payment for legal services need to be mindful of ethical restrictions applicable to the lawyer, as well as exceptions to the lawyerʼs malpractice coverage arising from his or her role with the company

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M., R. J. "ALAS, POOR MELVIN." Pediatrics 83, no. 6 (June 1, 1989): A80. http://dx.doi.org/10.1542/peds.83.6.a80.

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Sausalito, CA—Come dinner time aboard his yacht Adequate Award, and Melvin Belli really knows how to put on the dog. Tonight, his dining-room table is set with bone china and sterling silver, and browsing among the tableware is one hungry Italian greyhound. I know the animal is hungry because he has walked across the table and taken a bite of my bread plate. . . There are those who would have you believe that Mr. Belli, the King of Torts, has become so eccentric that more than dinner is becoming chaotic. . . Since summer, the 81-year-old lawyer has been barred by court order from his 25-room San Francisco mansion. His wife got the order after filing a petition for legal separation. She complained at the time to reporters and police that Mr. Belli physically and verbally abused her and their teenage daughter. Even more bizarre, she claims that he falsely accused her of having sex with a number of family friends, including celebrities of both sexes. . . Another shot fired across the bow: In a lawsuit pending in Tax Court, the Internal Revenue Service contends that Mr. Belli, in effect, back-dated documents to avoid paying gift taxes in a transaction involving his San Francisco law-office building. . . His firm, Law Offices of Melvin Belli, Sr., is on trial, too, these days. Three years ago, Mr. Belli lost a malpractice case resulting in a $3.8 million judgement against him. Since then, six more malpractice suits have been filed against him in San Francisco Superior Court. . .

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Melville, Angela Lee, Frank Stephen, and Tammy Krause. "“He did everything he possibly could for me”: medical malpractice claimants’ experiences of lawyer–client relations." International Journal of the Legal Profession 21, no. 2 (May 4, 2014): 171–93. http://dx.doi.org/10.1080/09695958.2015.1025791.

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Erickson, Kirstin M., Matthew Kumar, Barry A. Harrison, Gerard S. Kamath, and Gurinder Vasdev. "Room I, 10/17/2000 2: 00 PM - 4: 00 PM (PS) Can Anesthesiologists and Lawyers See Eye to Eye on Medical Malpractice Issues." Anesthesiology 93, no. 3A (September 1, 2000): A—1175. http://dx.doi.org/10.1097/00000542-200009001-01175.

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Detta, Jeffrey A. Van. "Dialogue With A Neurosurgeon: Toward A Dépeçage Approach To Achieve Tort Reform And Preserve Corrective Justice In Medical Malpractice Cases." University of Pittsburgh Law Review 71, no. 1 (April 26, 2009). http://dx.doi.org/10.5195/lawreview.2009.130.

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Doctors are taking their frustrations about the costs of medical malpractice insurance premiums to the street; striking and even leaving certain states where premiums are higher have been staples of the news in the last year. Politicians are responding by shifting the blame to the “tort” system, which they characterize as dominated by “greedy” trial lawyers (with the implicit accusation that the lawyers are bringing unfounded claims against “good” doctors) and “runaway” juries (with the implicit assertion that juries render plaintiffs’ verdicts in unfounded cases and give away the insurer’s money with abandon through unjustifiably generous damages awards). The “bad actor” in the shared visions of many doctors and politicians is the civil legal system itself—and the “reforms” that are being touted (such as damages caps) are blunt instruments designed, it seems, to disable the ability of the legal system to adjudicate medical malpractice claims. To the extent that the civil legal system is a contributing factor to medical malpractice insurance premiums (an important topic beyond our ken here), the problem cannot be addressed in so sweeping a fashion. There are other key interests involved—principles of law, in the sense described by Ronald Dworkin, upon which the rules of medical malpractice litigation are based. Those principles of law, including the principle of corrective justice, will be sacrificed if such heavy handed measures are adopted. The real problem, however, can be viewed as a much more subtle one, requiring finer tools of analysis to diagnose and repair. The level of subtlety is deep—as deep as the elements of the traditional prima facie case of medical malpractice, and the standard of care in particular—and requires more sophisticated analytic constructs to understand, analyze, and ultimately reform. I hope to develop some of those analytic tools in this article.

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Odeyinde, Oluwakemi. "THE LEGAL PRACTITIONERS PROFESSIONAL NEGLIGENCE IN NIGERIA: EVALUATION OF THE GENERAL LIABILITY AND IMMUNITY AFFORDED ON LEGAL PRACTITIONERS IN THE CONDUCT OF THEIR CLIENT’S CASE." Scholarly Journal of Advanced Legal Research, May 23, 2021, 27–41. http://dx.doi.org/10.46654/sjalr.1541.

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This paper reviews the legal practitioner’s professional negligence in Nigeria and the rule of law exempting lawyers from liability for negligence in the conduct of proceedings in court, tribunal or other body. The introduction reminds us of the historical development of the legal profession. It examines the concept of professional negligence which involves misconduct or malpractice in the course of practicing one’s profession. The law places more responsibility on the professional in the exercise of judgment. Therefore the standard of care expected of a professional is high. The general rule is that a legal practitioner can be held liable for professional negligence. He may also be found guilty of professional misconduct or malpractice where he contravenes any of the rules of professional conduct. However, there exists a law in Nigeria that grants immunity to legal practitioners from negligent acts in the conduct of their client’s case. This paper explores the origin of the lawyer's immunity. It argues that the exemption granted lawyers in respect of court proceedings does not help the fallen standards of the legal profession in Nigeria. As a result, there is a general consensus among writers as to the removal of the immunity clause. Therefore, this paper examines the various advocates for the removal of the lawyer’s immunity and suggests a reconsideration for its possible removal. This paper concludes with a recommendation for a more pragmatic approach to maintaining the standards of the Legal Profession. The term professional negligence is used interchangeably with professional misconduct or malpractice.

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"POLL INDICATES LAWYERS OPPOSE PROPOSED FEDERAL LAW ON MEDICAL MALPRACTICE." Biomedical Safety & Standards 15, no. 3 (February 1985): 20. http://dx.doi.org/10.1097/00149078-198502010-00005.

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"CRITICISM OF MALPRACTICE SUIT COST CONTINUES TO MOUNT; LAWYERS “COUNTERATTACK”." Biomedical Safety & Standards 15, no. 9 (May 1985): 69. http://dx.doi.org/10.1097/00149078-198505010-00010.

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"Defending Suicide-Related Malpractice Cases: A Lawyerʼs Perspective". Journal of Psychiatric Practice 6, № 6 (листопад 2000): 345–48. http://dx.doi.org/10.1097/00131746-200011000-00007.

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Kritzer, Herbert M., and Neil Vidmar. "Lawyers on Trial: Juror Hostility to Defendants in Legal Malpractice Trials." SSRN Electronic Journal, 2015. http://dx.doi.org/10.2139/ssrn.2579102.

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Levin, Leslie C. "Regulators at the Margins: The Impact of Malpractice Insurers on Solo and Small Firm Lawyers." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2800620.

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