Malpractice Cases Research Articles

Sustainable Development Under AfCFTA: Dimensions, Limitations and Prospects

Abstract Sustainable development constitutes a catch phrase for integrated and inclusive development more so in Africa that is battling with development challenges. Despite its legitimization at the highest institutional level, a principal impediment encountered in the concretization of sustainable development principles (environmental, social and economic) in Africa remains the enforcement conundrum. The situation is compounded by indifference of the state and non-state actors. Cases of environmental damage, social malpractices and economic marginalization in the execution of trade and investment policies are largely treated with levity, with prioritization accorded to financial accruals over disciplining delinquent behaviour. Consequently, the emergence of the African Continental Free Trade Area Agreement (AfCFTA) with provisions on sustainable development renews hope for the concretization of the sustainable development principles in Africa. A crystallization of effective enforcement of sustainable development principles is deeply intertwined with an existence of an effective peer-review mechanism with a network of reporting linkages. Arguably, effective peer review system is fundamental to assessment of state of play, investigation of violations, collation of reports, and institutional strengthening to change the dynamics in favour of improved performance.

Medical malpractice and epidural hematomas: a retrospective analysis of 101 cases in the United States.

Neurosurgeons face particularly high rates of litigation compared to physicians in other fields. Malpractice claims are commonly seen after mismanagement of life-threatening medical emergencies, such as epidural haematomas. Due to the lack of legal analysis pertaining to this condition, the aim of this study is to identify risk factors associated with litigation in cases relating to the diagnosis and treatment of epidural haematomas. Westlaw Edge, an online database, was used to analyze malpractice cases related to epidural haematomas between 1986 and 2022. Information regarding plaintiff demographics, defendant specialty, reason for litigation, trial outcomes, and payouts for verdicts and settlements were recorded. Comparative analysis between cases that returned a jury verdict in favour of the plaintiff versus defendant was completed. A total of 101 cases were included in the analysis. Failure to diagnose was the most common reason for litigation (n = 64, 63.4%), followed by negligent care resulting in an epidural haematoma (n = 44, 43.6%). Spine surgery (n = 29, 28.7%), trauma (n = 28, 27.7%), and epidural injection/catheter/electrode placement (n = 21, 20.8%) were the primary causes of haematomas. Neurosurgeons (n = 18, 17.8%) and anesthesiologists (n = 17, 16.8%) were the two most common physician specialties cited as defendants. Most cases resulted in a jury verdict in favour of the defense (n = 54, 53.5%). For cases ending in plaintiff verdicts, the average payout was $3621590.45, while the average payment for settlements was $2432272.73. Failure to diagnose epidural haematomas is the most common reason for malpractice litigation, with neurosurgeons and anesthesiologists being the most common physician specialties to be named as defendants. More than half of all cases returned a jury verdict in favour of the defense and, on average, settlements proved to be more cost-effective than plaintiff verdicts.

Medical Malpractice Cases Involving Medical Students.

This study uses a large national legal database to analyze characteristics of malpractice claims involving U.S. medical students. The Westlaw database was searched in September 2023 for malpractice cases involving medical students from January 1, 1900, through September 1, 2023. Each case was independently reviewed by 2 authors, abstracting each variable. Categorical data were summarized as frequency of occurrence (i.e., number and percentage), and continuous data were summarized with means, medians, and ranges. All authors independently reviewed the dataset to identify potential themes and codes. There were 65 cases that met the inclusion criteria. Reported patient outcomes were death (19, 29%), pain (25, 38%), and disability (36, 55%). The most common specialties involved were emergency medicine (16, 25%), general surgery (14, 22%), and obstetrics and gynecology (13, 20%). The most common primary alleged errors attributed to students related to medical decision-making (30, 46%), procedural complication (24, 37%), and poor communication (11, 17%). Among 23 (35%) cases reporting year of training, 1 (4%) included a second-year student, 13 (57%) included third-year students, and 9 (39%) included fourth-year students. Of the 65 lawsuits, 28 (43%) resulted in a settlement or verdict against the medical student. The total amount paid in these cases was $78,192,612, with a mean (median) of $3,007,408 ($1,050,000) per case. Of these 28 cases, 14 (50%) cited minimal or no physician supervision. Medical malpractice claims involving medical students are rare but commonly relate to medical decision-making, procedural complication, and poor communication, with a lack of supervision being frequently cited. These results can be used to guide students and supervising physicians on how to avoid scenarios that may increase vulnerability to medical malpractice lawsuits.

Litigation in gender affirming surgery: Reviewing five decades of the medical malpractice landscape

The present study sought to analyze malpractice cases related to gender affirming surgery to provide information to physicians as it may serve to minimize the risk of malpractice suits. The Westlaw and Lexis Nexis databases were queried for jury verdicts and settlements related to gender affirming surgery malpractice lawsuits. A total of 26 cases were identified between 1970 and 2020, five of which were determined relevant on further review. Motives included adverse surgical and medical outcomes, and failure to treat. All cases were decided in favor of the defendant and resulted in $0 compensatory damages.

Analisis Hukum terhadap Pelaku Aborsi menurut Pasal 75 Ayat (2) Jo Pasal 194 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan

Aborsi has always been a hot topic, especially regarding abortion provocatus criminalis, which is increasingly common in modern society and industries experiencing globalization. What is the criminal responsibility of abortion perpetrators based on Article 75 paragraph (2) in conjunction with Article 194 of Law No. 17 of 2023 concerning Health? To find out the legal responsibility of the perpetrator of an abortion based on Article 75 paragraph (2) in conjunction with Article 194 of Law No. 17 of 2023 concerning Health. There are also medical records that are useful in determining something related to a doctor's actions. Medical records have a very important function and role in the health sector, including in law enforcement efforts, especially proving malpractice cases in the medical field. The police should be more careful in handling abortion cases and perhaps this can be done by approaching teenagers by providing education about the dangers of having an abortion, the negative impacts of promiscuity, and the police should be able to work together with doctors or midwives who know about abortion and if Any teenager who comes to a doctor or midwife to have an abortion should be reported to the police.

An Analysis of Medical Malpractice Litigation Involving Orbital Fractures.

Orbital fractures frequently require operative management by a plastic and reconstructive surgeon. Due to the proximity to the globe and complexity of the reconstruction, orbital fractures, and related procedures have the potential to be a source of medical litigation. The aim of the present study was to review orbital fracture malpractice litigation, including case outcomes and compensatory damages. The Westlaw and Lexis Nexis databases were queried for jury verdicts and settlements related to orbital fracture malpractice lawsuits. The Boolean terms included "orbit! /10 fracture," "orbit! & fracture," and "ocular & fracture" for both databases. Cases were included if they were state or federal cases related to both orbital fracture and medical malpractice involving surgical or medical mismanagement or misdiagnosis of orbital fracture. A total of 49 cases from 1994 to 2018 met inclusion criteria between the databases. The most common legal complaint was the defendant's failure to make a diagnosis either by not ordering the proper radiological tests or by not interpreting radiological tests correctly, seen in 35% of cases. In 57% of the cases, the defendant was a surgeon, 46% of which involved a plastic surgeon specifically. Cases were resolved in favor of the defendant 49% of the time. Most cases (57%) resulted in a monetary outcome of $0. However, cases that were decided in favor of the plaintiff had significant compensatory damages with the majority being over $100,000, and 1 case as high as $8 million. Although almost half of the orbital fracture malpractice cases resulted in an outcome favoring the defendant, significant monetary consequences against the defendant were possible in cases when the plaintiff prevailed.

Assessment of Claimant, Clinical, and Financial Characteristics of Teleradiology Medical Malpractice Cases.

Background The increasing use of teleradiology has been accompanied by concerns relating to risk management and patient safety. Purpose To compare characteristics of teleradiology and nonteleradiology radiology malpractice cases and identify contributing factors underlying these cases. Materials and Methods In this retrospective analysis, a national database of medical malpractice cases was queried to identify cases involving telemedicine that closed between January 2010 and March 2022. Teleradiology malpractice cases were identified based on manual review of cases in which telemedicine was coded as one of the contributing factors. These cases were compared with nonteleradiology cases that closed during the same time period in which radiology had been determined to be the primary responsible clinical service. Claimant, clinical, and financial characteristics of the cases were recorded, and continuous or categorical data were compared using the Wilcoxon rank-sum test or Fisher exact test, respectively. Results This study included 135 teleradiology and 3474 radiology malpractices cases. The death of a patient occurred more frequently in teleradiology cases (48 of 135 [35.6%]) than in radiology cases (685 of 3474 [19.7%]; P < .001). Cerebrovascular disease was a more common final diagnosis in the teleradiology cases (13 of 135 [9.6%]) compared with the radiology cases (124 of 3474 [3.6%]; P = .002). Problems with communication among providers was a more frequent contributing factor in the teleradiology cases (35 of 135 [25.9%]) than in the radiology cases (439 of 3474 [12.6%]; P < .001). Teleradiology cases were more likely to close with indemnity payment (79 of 135 [58.5%]) than the radiology cases (1416 of 3474 [40.8%]; P < .001) and had a higher median indemnity payment than the radiology cases ($339 230 [IQR, $120 790-$731 615] vs $214 063 [IQR, $66 620-$585 424]; P = .01). Conclusion Compared with radiology cases, teleradiology cases had higher clinical and financial severity and were more likely to involve issues with communication. © RSNA, 2024 See also the editorial by Mezrich in this issue.

A Case of Medical Malpractice; Misdiagnosis of Methamphetamine-related Cardiac Complications

Background: Professional neglect is a civil responsibility for any specialist or individual with a specific skill, including therapists, and is not limited to any particular profession. Case Presentation: A man 41-year-old drug abuser was diagnosed with a heart problem due to methamphetamine abuse. Despite his drug history, he was once admitted to the emergency room for chest pain, where acetaminophen and diazepam were prescribed. For the second time, he went to another medical center due to continued chest pain, and due to the suspicion of contracting COVID-19, a CT scan of the chest was performed, yielding negative results, and then he was discharged. The patient was found deceased in his bed the following day. An autopsy revealed a thinned heart wall, subendocardial hemorrhages, and severe atherosclerosis. Methamphetamine, amphetamine, and acetaminophen were detected in urine samples, and ethanol was detected in blood and vitreous humor samples. Conclusion: The case highlights the importance of medical negligence in treating patients with drug abuse.

450 Inflammatory Brachial Plexitis Mimics Postoperative Iatrogenic Neurological Deficits

INTRODUCTION: A common cause of neurosurgical malpractice cases is the misrepresentation of idiopathic brachial neuritis (incidence: 1/1000) as an iatrogenic neurological insult caused by a surgeon. METHODS: Confirmed postprocedural brachial neuritis patients from a single quaternary care institution were identified and analyzed. RESULTS: We identified 6 (3 female) postprocedural brachial neuritis patients with mean age 63.7 (range 50-75) years. Procedures included 5 cervical spine surgeries (3 multilevel ACDFs, 2 multilevel posterior fusions with laminectomies, 1 multilevel disc arthroplasty) and 1 intrajugular central venous catheter placement. Average time to symptom onset was 1 week post-procedure (range 1 day-2.5 weeks). Initial symptom was moderate-to-severe shoulder (5), arm (4), and/or neck (1) pain. Subsequently, all developed axillary/shoulder weakness; 3 distal arm/hand weakness, 2 winged scapula, and 2 dyspnea/orthopnea. For diagnosis, two patients had confirmatory EMG, 1 had MR neurography confirming plexus inflammation, and 3 had both (positive EMG findings and inflammation on MR Neurography). Average time to accurate diagnosis was 3.1 (range 1.5-5) months. Average number of clinicians seen prior to accurate diagnosis: 5. Treatments included opioids (5), steroids (1), and/or physical therapy (6). All experienced partial pain relief by 1-8 weeks; 2 had persistent pain requiring gabapentin past 6 months. All patients continued to experience motor deficits past 6 months: (4 patients had atrophy and 2-4/5 motor strength in proximal the proximal arm, 1 had distal arm 3/5 motor strength, and 1 had scapular winging). CONCLUSIONS: Postoperative idiopathic brachial plexitis mimics iatrogenic nerve damage following neurosurgical procedures. Recognition of this entity is difficult, and 6 patients at our institution saw on average 5 providers over 3 months prior to accurate diagnosis. Brachial plexitis has a prolonged course with typically only partial recovery at 6 months.

Navigating the Litigation Experience.

Healthcare is a highly regulated industry whose practitioners are responsible for adhering to laws, regulations, policies, and standards of care. When poor outcomes occur, a malpractice case can arise, thus beginning the litigation process. Because nurses are leaders in the delivery of care, they may become involved in legal claims. The purpose of this article is to provide information, as a foundation for nurses who are unfamiliar with navigating the litigation process in a legal claim, and to help nurses build confidence in the process. An overview of the litigation process, nursing licensure, and essential legal terms is provided. A case scenario is introduced that addresses the role of a nurse in an orthopaedic medical malpractice case.

Dental malpractice lawsuit in the madinah region

BackgroundThe number of reports of dental malpractice cases has been increasing in recent years. The purpose of this study was to assess the data and outcomes related to dental malpractice claims in Madina City, Saudi Arabia. MethodsThis study conducts a retrospective study of dental malpractice claims in Madina city, Saudi Arabia assessing 97 cases of dental malpractice claims from the year 2016 to 2022. Resultsthe study showed that the highest percentage of cases (29.9%) were reported guilty in the year 2021. with the highest number of claims (30%) related to the prosthodontic specialty. Most of the cases were against general practitioners (64.9%). Most of the cases (71.1%) lacked signed informed consent. ConclusionTo decrease the number of dental claims, valuing specialties and obtaining informed consent should be considered by all dentists.

Perlindungan Hukum Terhadap Dokter Dalam Melakukan Praktik Kedokteran Terkait Dengan Dugaan Pelanggaran Disiplin Yang Berdampak Terhadap Malpraktik

Malpractice can be interpreted as an act of negligence, error or a doctor's lack of ability to treat a patient so that it causes a bad outcome for the patient. Several malpractice cases that ended in decisions that did not blame the doctor and sanctions that were considered light were one of the things that made some people think that this law was not at all in favor of malpractice cases. Several doctors questioned how legal certainty would be for them if the Indonesian Medical Discipline Honorary Council (MKDKI) had decided that no disciplinary violations had been committed but the district court said otherwise. So, according to the author, it is necessary to carry out an analysis regarding the severity of the sanctions imposed by the Indonesian Medical Discipline Honorary Council and what the legal protection is for doctors who are suspected of practicing medicine related to disciplinary violations. This research uses the juridical-normative method, namely research conducted by examining the laws and regulations that apply or are applied to a particular legal issue. Indonesian Medical Discipline Honorary Council has the authority to handle violations of doctor's discipline. If there is a doctor's action that is classified as malpractice, Indonesian Medical Discipline Honorary Council can only be guided by a doctor's disciplinary violation. Disciplinary sanctions for doctors by the MKDKI include giving a written warning, recommending revocation of the STR or SIP and the obligation to take part in education or training at a medical/dental educational institution. The Indonesian Medical Discipline Honorary Council decision does not preclude the possibility for the doctor concerned to be examined, processed or sued criminally or civilly, because the Indonesian Medical Discipline Honorary Council decision has nothing to do with the application of law and criminal or civil legal sanctions and is basically a complaint, examination, up to the the Indonesian Medical Discipline Honorary Council decision or a public report. against doctors suspected of committing ethical violations is only limited to the ethics of the medical profession itself, which cannot be confused with the investigation process at the police, the prosecution process at the Prosecutor's Office until the court, or the lawsuit process at court.

AI and professional liability assessment in healthcare. A revolution in legal medicine?

The adoption of advanced artificial intelligence (AI) systems in healthcare is transforming the healthcare-delivery landscape. Artificial intelligence may enhance patient safety and improve healthcare outcomes, but it presents notable ethical and legal dilemmas. Moreover, as AI streamlines the analysis of the multitude of factors relevant to malpractice claims, including informed consent, adherence to standards of care, and causation, the evaluation of professional liability might also benefit from its use. Beginning with an analysis of the basic steps in assessing professional liability, this article examines the potential new medical-legal issues that an expert witness may encounter when analyzing malpractice cases and the potential integration of AI in this context. These changes related to the use of integrated AI, will necessitate efforts on the part of judges, experts, and clinicians, and may require new legislative regulations. A new expert witness will be likely necessary in the evaluation of professional liability cases. On the one hand, artificial intelligence will support the expert witness; however, on the other hand, it will introduce specific elements into the activities of healthcare workers. These elements will necessitate an expert witness with a specialized cultural background. Examining the steps of professional liability assessment indicates that the likely path for AI in legal medicine involves its role as a collaborative and integrated tool. The combination of AI with human judgment in these assessments can enhance comprehensiveness and fairness. However, it is imperative to adopt a cautious and balanced approach to prevent complete automation in this field.

Health Law Enforcement Against Malpractice Activities in Indonesia

Health Law is one of the most important laws that is currently growing in Indonesian society. The growth of Health Law is not merely a formality of the growth of Law in Indonesia, but also as a form of support for the demands and needs of the Law of the Indonesian Society which is growing day by day. The importance of Health Law in Indonesia, because both other laws and Health Law have been embedded in Indonesian society. We can imagine, if there is only health without any laws that regulate it, then everything regarding health will not work according to our needs. With the existence of health law instruments, it will guarantee legal certainty and comprehensive legal protection for both health providers and the public receiving health services. Until now cases of malpractice continue to occur in Indonesia. This is in the spotlight where legislation relating to Health Law is very much needed. In this research, the appropriate method used is case study and literature study. From the case study, the author will take an example of a case that will lead to the growth of Health Law in Indonesia. Meanwhile, the study of literature helps the author to write this article by reading from books and references. The conclusion of this paper is that malpractice activities carried out by medical personnel often cause harm to patients and have fatal consequences. Enforcement of Health Law on Malpractice activities must be stricter. This means that it is not ambiguous that Malpractice Enforcement must really exist in the legislation, not based on the relevant articles.

Strategies to Reduce Missed Fracture Diagnoses: Insights from Medical Malpractice Cases in China.

Strategies to Reduce Missed Fracture Diagnoses: Insights from Medical Malpractice Cases in China.

A machine learning-based predictive model of causality in orthopaedic medical malpractice cases in China.

To explore the feasibility and validity of machine learning models in determining causality in medical malpractice cases and to try to increase the scientificity and reliability of identification opinions. We collected 13,245 written judgments from PKULAW.COM, a public database. 963 cases were included after the initial screening. 21 medical and ten patient factors were selected as characteristic variables by summarising previous literature and cases. Random Forest, eXtreme Gradient Boosting (XGBoost) and Light Gradient Boosting Machine (LightGBM) were used to establish prediction models of causality for the two data sets, respectively. Finally, the optimal model is obtained by hyperparameter tuning of the six models. We built three real data set models and three virtual data set models by three algorithms, and their confusion matrices differed. XGBoost performed best in the real data set, with a model accuracy of 66%. In the virtual data set, the performance of XGBoost and LightGBM was basically the same, and the model accuracy rate was 80%. The overall accuracy of external verification was 72.7%. The optimal model of this study is expected to predict the causality accurately.

Professional activity of medical staff and attendant risks

The article presents results of a retrospective analysis of the commission forensic medical examinations of «medical malpractice cases» for 2017-2021 on materials of RCFME MH KR. It has been established that the number of commission examinations showed a pronounced tendency to increase in the analyzed period: 64 (9.78%) cases - in 2017, 86 (12.63%) - in 2018, 92 (16.46%) - in 2019, 179 (29.1%) - in 2020 and 80 (13.96%) in 2021 out of 501 cases of commission examinations on «medical malpractice cases». The considerable number of ordered examinations concerned the professional activity of obstetricians-gynecologists (131 cases; 26.1%) and surgeons (65 cases; 12.9%). Quite a large part of the examinations was represented by investigations regarding COVID-19 (72 cases; 14.37%) and AIDS infection (47 cases; 9.3%) among the commission examinations. Medical violations also concerned specialists who are not related to extreme medicine (tuberculosis specialists, oncologists, therapists, neurologists).

Hospital Legal Liability In Medical Dispute Resolution (Case Study Of South Jakarta District Court Decision Number 484/PDT.G/2013/PN.JKT.Sel)

This research was conducted to determine the cause of negligence committed by medical personnel, and how to resolve medical disputes by analyzing the South Jakarta District Court Decision Number 484/Pdt.G/2013/PN.JKT.Sel. Further research was carried out by looking at the case related to the legal liability of hospitals for the negligence of their medical personnel by reviewing the Civil Code, Law Number 26 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 29 of 2004 concerning the Practice of Medicine, Law Number 36 of 2014 concerning Health Workers, and other related laws and regulations. It then examines whether or not the judge is appropriate in deciding a malpractice case. This research uses normative juridical research with a statutory approach, a conceptual approach, and a case approach. The result of this study is that the legal relationship between hospitals, doctors, and patients gives birth to rights and obligations for the parties based on the therapeutic agreement that has been regulated in Article 46 of Law Number 44 of 2009 concerning Hospitals, so that patients receive legal protection due to alleged malpractice committed by medical personnel, in this case doctors with the current laws and regulations

The Limits Access of Medical Records in Indonesia and a Broader Propose to Support Patients in Malpractice Claims

Objective: This study aims to describe the deficiency of the regulations governing medical records access in Indonesia as well as its impacts on proofing malpractice claims and propose a broader scope of the access from the personal data privacy rights perspective.&#x0D; &#x0D; Methods: It uses a normative legal approach to analyse qualitatively the Indonesian Health Laws regarding access of medical records, related case law on malpractice, and existing literature on personal data privacy rights.&#x0D; &#x0D; Result: The result shows that the Indonesian Health Law limits access to data in medical records, namely only the right to request a medical data resume. The research also found that in five malpractice cases, the lack of access to medical records hindered patients’ ability to present evidence.&#x0D; &#x0D; Conclusion: It concludes that limited access to medical records leaves patients vulnerable to abuse, including the alteration of their data and difficulties in proving malpractice. The research contribute a proposal to granting patients greater access to their medical records to view and control their data at any time to ensure its authenticity, and to present it as a strong evident in malpractice’ claims.

The perplexities of E-Discovery in the Indian healthcare system - A narrative review &amp;nbsp;

With the rapid advances in medical technology and the digitization of healthcare systems, the importance of collecting and analyzing digital evidence in the medical field has grown significantly. This evidence plays a crucial role in investigating medical malpractice cases and preparing for legal proceedings in India. As medical devices and electronic health records become more prevalent, vast amounts of data are generated, stored, and accessed. While having substantial evidence to support medical claims is beneficial, it is essential to find a balance between retrieving and admitting digital evidence while respecting patient privacy. This article examines the use of electronic evidence in Indian medical litigation, the challenges it presents, and the initiatives taken to manage these challenges. However, the absence of clear legal guidelines on electronic discovery in medical cases exacerbates the problem. Medical procedure rules often fail to address electronic discovery, resulting in inconsistent case law across different courts in India and the world. Consequently, healthcare practitioners are left to develop ad hoc solutions through informal discussions and negotiations. Thus, this paper highlights the necessity for a comprehensive legal framework and active judicial management to handle electronic discovery in the medical domain.