Malpractice Liability Research Articles

Perceptions of Multicancer Detection Tests Among Primary Care Physicians and Laypersons: A Qualitative Study.

Multicancer detection tests (MCDs) are blood-based tests designed to detect multiple cancer types. It is currently unclear whether these cancer screening tests improve mortality. To understand awareness of MCDs among providers and patients, as well as explore how they perceive the benefits, harms, and acceptability of MCDs, we have undertaken a focus group study in primary care physicians (PCPs) and laypersons to explore knowledge, attitudes, and expectations of cancer screening using MCDs. We conducted six focus groups with 45 PCP participants and 12 focus groups with 80 layperson participants. Participants were identified via a consumer research firm and found eligible following the completion of a screener survey. Moderators used a semi-structured guide containing open-ended questions and prompts to facilitate the discussion. Recordings were transcribed and coded line by line using a codebook developed based on questions and emerging discussion concepts, and emergent themes were identified. Both PCP and layperson participants felt the that benefits of MCDs included ease of use and potential ability to detect cancers early. However, they felt that additional data is needed to overcome some of the concerns related to MCDs. PCP participants expressed concerns related to lack of practice guidelines, cost of diagnostic follow-ups, privacy and insurance issues, fear/anxiety related to confirmation of MCD results, and malpractice liability related to perceived false negative test results. Layperson participants expressed concerns related to costs, insurance coverage, and privacy, as well as anxiety over the confirmation of a positive test result. There is a major need for more rigorous data regarding MCDs to inform the development of guidelines for use as cancer screening tools.

Accidental injustice: Healthcare AI legal responsibility must be prospectively planned prior to its adoption

This article contributes to the ongoing debate about legal liability and responsibility for patient harm in scenarios where artificial intelligence (AI) is used in healthcare.We note that due to the structure of negligence liability in England and Wales, it is likely that clinicians would be held solely negligent for patient harms arising from software defects, even though AI algorithms will share the decision-making space with clinicians.Drawing on previous research, we argue that the traditional model of negligence liability for clinical malpractice cannot be relied upon to offer justice for clinicians and patients. There is a pressing need for law reform to consider the use of risk pooling, alongside detailed professional guidance for the use of AI in healthcare spaces.

Implications of telemedicine

This article explores the transformative impact of telemedicine on spine surgery, tracing its evolution from historic roots to its expansion during the COVID-19 pandemic. The widespread adoption of telemedicine is discussed, highlighting some of its benefits such as increased patient accessibility and satisfaction. Despite its advantages, telemedicine introduces complex legal considerations, specifically concerning licensure, malpractice and data security. The article examines the challenges spine surgeons face when practicing telemedicine across state borders, the nuances of malpractice liability in virtual settings, and the importance of maintaining high standards of care. It also highlights the importance of adhering to HIPAA regulations, ensuring secure data transmission, and navigating reimbursement complexities. This article should serve as a thorough guide for spine surgeons navigating the evolving telemedicine landscape, balancing innovation with patient safety and legal accountability.

Fault–Based Liability for Medical Malpractice in the Age of Artificial Intelligence: Α Comparative Analysis of German and Greek Medical Liability Law in View of the Challenges Posed by AI Systems

Fault–Based Liability for Medical Malpractice in the Age of Artificial Intelligence: Α Comparative Analysis of German and Greek Medical Liability Law in View of the Challenges Posed by AI Systems

Cross-sectional analysis of state and federal malpractice and medical liability claims for cutaneous energy-based device procedures, 1985 to 2023

Cross-sectional analysis of state and federal malpractice and medical liability claims for cutaneous energy-based device procedures, 1985 to 2023

How Might Antibiotic Stewardship Programs Influence Clinicians' Autonomy and Organizations' Liability?

Federal and state governments mandate some health care organizations to implement antibiotic stewardship programs (ASPs). Some early adopters developed model ASPs that have helped set industry standards; other benchmarks will likely be forged in subsequent regulation, legislation, and jurisprudence. This article considers how ASP designs can affect professional autonomy, especially of frontline antibiotic stewards who are usually physicians and pharmacists. This article also considers how ASP development and implementation might influence standards of care and malpractice liability.

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

Evidence-based care for suicidality as an ethical and professional imperative: How to decrease suicidal suffering and save lives.

Suicide is a major public and mental health problem in the United States and around the world. According to recent survey research, there were 16,600,000 American adults and adolescents in 2022 who reported having serious thoughts of suicide (Substance Abuse and Mental Health Services Administration, 2023), which underscores a profound need for effective clinical care for people who are suicidal. Yet there is evidence that clinical providers may avoid patients who are suicidal (out of fear and perceived concerns about malpractice liability) and that too many rely on interventions (i.e., inpatient hospitalization and medications) that have little to no evidence for decreasing suicidal ideation and behavior (and may even increase risk). Fortunately, there is an emerging and robust evidence-based clinical literature on suicide-related assessment, acute clinical stabilization, and the actual treatment of suicide risk through psychological interventions supported by replicated randomized controlled trials. Considering the pervasiveness of suicidality, the life versus death implications, and the availability of proven approaches, it is argued that providers should embrace evidence-based practices for suicidal risk as their best possible risk management strategy. Such an embrace is entirely consistent with expert recommendations as well as professional and ethical standards. Finally, a call to action is made with a series of specific recommendations to help psychologists (and other disciplines) use evidence-based, suicide-specific, approaches to help decrease suicide-related suffering and deaths. It is argued that doing so has now become both an ethical and professional imperative. Given the challenge of this issue, it is also simply the right thing to do. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law

The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors to patients in anticipating and dealing with medical malpractice problems in criminal cases. The research method used in this study is doctrinal, where the author collects material from the literature, both hardcopy and softcopy, which is related to the title of this research by using an analysis of the research object. Criminal malpractice occurs when a patient dies or is disabled and/or seriously injured as a result of actions taken by health workers who are careless or less careful in making efforts to treat patients who die or are disabled and are criminally liable as a result of medical malpractice acts committed. doctors on patients can be accounted for under Article 359 and Article 360 of the Criminal Code. In this case the health law is considered insufficient and does not clearly regulate the crime of medical malpractice. So it is necessary to regulate the crime of medical malpractice by giving birth to a new health law, namely by explicitly regulating criminal liability for medical malpractice acts by doctors against patients in Indonesia.

Variations of the Traditional Life Care Plan

A staple in assessing and valuing injury and related monetary damages claims, life care plans have traditionally encapsulated damages computations associated with present and anticipated future rehabilitation interventions related to contested events, the most common involving personal injury, medical malpractice, and product liability. The needs and sophistication of the injury claims assessment process have continued to evolve since the inception of life care plans and accordingly affect the services life care planners contribute to resolve disputes over the need for and value of litigated future rehabilitation interventions. After a brief history and overview of life care planning, this article describes how the discipline evolved to its current state. The authors then discuss how lawyers’ discernments in prosecuting cases have led to the need for three variations/derivatives of the traditional life care plan: the life care plan cost comparison, the interpolated life care plan, and the international life care plan. Standards of practice considerations follow. According to the Commission on Rehabilitation Counselor Certification (CRCC), life care planning is a career pathway for certified rehabilitation counselors (CRCs). Rehabilitation counselors encounter a myriad of physical and psychosocial factors that affect the rehabilitation process. CRC certification and training prepares counselors to holistically address complex areas of rehabilitation following a catastrophic illness or injury. According to the CRCC Code of Ethics, CRCs have a responsibility to the public to engage in practices that are based on accepted research methodologies and evidence-based practices. They need to remain current with developments in evidence-based practice. Notably, the three variations/derivatives of the traditional life care plan presented in this article address pertinent standards of practice considerations.

Medical malpractice liability in large language model artificial intelligence: legal review and policy recommendations.

The emergence of generative large language model (LLM) artificial intelligence (AI) represents one of the most profound developments in healthcare in decades, with the potential to create revolutionary and seismic changes in the practice of medicine as we know it. However, significant concerns have arisen over questions of liability for bad outcomes associated with LLM AI-influenced medical decision making. Although the authors were not able to identify a case in the United States that has been adjudicated on medical malpractice in the context of LLM AI at this time, sufficient precedent exists to interpret how analogous situations might be applied to these cases when they inevitably come to trial in the future. This commentary will discuss areas of potential legal vulnerability for clinicians utilizing LLM AI through review of past case law pertaining to third-party medical guidance and review the patchwork ofcurrent regulations relating to medical malpractice liability in AI. Finally, we will propose proactive policy recommendations including creating an enforcement duty at the US Food and Drug Administration (FDA) to require algorithmic transparency, recommend reliance on peer-reviewed data and rigorous validation testing when LLMs are utilized in clinical settings, and encourage tort reform to share liability between physicians and LLM developers.

Aggregating Liability for Medical Malpractice

Aggregating Liability for Medical Malpractice

Informed consent in urology

Appropriate professional practice includes the diagnostic and treatment process of urologic pathology, as well as patient information and respect for patient autonomy in decision making. Informed consent is the gradual process of providing information to the patient and their subsequent decision making. The informed consent document (ICD), when required, demonstrates that information has been provided sufficiently in advance to allow for the patient’s deliberation. The dual need for simple yet complete documents make the preparation of adequate ICDs extremely difficult. If the information process is not carried out properly, the professional may incur a medical malpractice liability that is treated as a loss of opportunity. To avoid such situations, the work of scientific societies in the preparation, accessibility, and dissemination of ICD models is fundamental.

Addressing Misconceptions about the Physician Associate/Assistant Profession

The Physician Associate/Assistant profession has recently experienced attacks seeking to malign the extensive positive contributions made to patients and healthcare systems for over 50 years. The myopic view of some of these critics that only a physician is qualified to lead healthcare teams is not based on evidence in many cases but misconceptions about the training and experience of physician associates/assistants. In fact, when comparing a physician associate/assistant and a physician with the same number of hours of clinical experience, patient outcomes are similar. The purpose of this paper is to systematically analyze the statements being propagated and provide scientific data that categorically refutes these statements. Addressed are issues of education, clinical training, medical malpractice liability concerns, changing provider numbers, and expanding scopes of practice to meet healthcare needs worldwide.

Are Medical Records Truly Prepared for Malpractice Liability in Cases of Suicide?

The most common reason for a malpractice claim is suicide or attempted suicide. It is argued that suicide can be prevented if the danger is recognized and proper and timely treatment is provided. Failure to make an informed decision as to whether to admit an individual to a psychiatric unit generally constitutes the initial breach in a claim of negligence. The present study was designed to identify exactly what essential data was missing from files of completed suicides, using 39 medical case records of the risk-management files of the state-owned malpractice insurance company between 2004 and 2022 in Israel. We found that a great deal of important information was missing from those files (e.g., records of previous suicide attempts, documentation of disagreement between the emergency department and the patient as to whether the individual should be hospitalized, and information regarding a history or lack thereof of suicidal tendencies in the individuals immediate family). Our study demonstrates that lacking the proper documentation of vital patient history, allegations of negligence would be very difficult to disprove.

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

Who Is a Health Care Provider?: Statutory Interpretation as a Middle-Ground Approach to Medical Malpractice Damage Caps.

Debates over the effectiveness, constitutionality, and fairness of medical malpractice damage caps are as old as the laws themselves. Though some courts have struck down damage caps under state constitutional provisions, the vast majority hesitate to invalidate malpractice reform legislation. Instead, statutory interpretation offers a non-constitutional method of challenging the broad scope of damage caps without fully invalidating legislative efforts to curtail "excessive" malpractice liability. This Note examines the term "health care providers" in construing malpractice reform laws and identifies two predominant forms of statutory interpretation that state courts apply. In doing so, this Note offers recommendations for courts and legislatures to best balance the goals of the malpractice reform movement with patients' interests in recovery for medical injuries.

El consentimiento informado en urología

Appropriate professional practice includes the diagnostic and treatment process of urologic pathology, as well as patient information and respect for patient autonomy in decision making. Informed consent is the gradual process of providing information to the patient and their subsequent decision making. The Informed Consent Document (ICD), when required, demonstrates that information has been provided sufficiently in advance to allow for the patient's deliberation. The dual need for simple yet complete documents make the preparation of adequate ICDs extremely difficult. If the information process is not carried out properly, the professional may incur a medical malpractice liability that is treated as a loss of opportunity. To avoid such situations, the work of scientific societies in the preparation, accessibility, and dissemination of ICD models is fundamental.

Developing Safe Harbors to Address Malpractice Liability and Wasteful Health Care Spending

This Viewpoint discusses the feasibility of developing safe harbors that account for the role of medical malpractice liability and go beyond generic guidelines discouraging the overuse of health care resources.

Pericia legal y forense en el laboratorio veterinario: Revisión

Veterinary laboratories have technologies necessary for the processing of analyses, examinations and techniques in the scientific investigation of legal and forensic expertise. This paper aims to survey and critically evaluate areas of knowledge that can be used in forensic science in the veterinary laboratory. In veterinary forensic medicine, the issues of liability for negligence, incompetence, malpractice or imprudence, both in the administrative and in the civil or criminal spheres, increase every day. The assistance provided by forensic veterinary medicine is not limited to the knowledge in legal and forensic expertise applied to living or dead animals - it also extends to the field of laboratory analysis. The investigation of a crime scene is the meeting point between science and the law, and veterinary laboratories are fundamental to meet much of the analyses, examinations, and techniques. Among the main fields of laboratory activities are serodiagnostics, toxicology serodiagnosis, toxicology, biochemistry, microbiology, pathology, necropsy and others that have fundamental importance in the elaboration of expert evidence. In these laboratories, professionals can perform analyses that contribute to the study, prevention, diagnosis and treatment of animal health problems, environmental health and zoonoses applied to forensic practice. The quality assurance of the products and services of these laboratories, combined with quality management, minimizes errors, ensures credibility, biosecurity and reliability of results. The Veterinarian is designated as the Technical Manager (TM) to assume responsibility as manager of all activities inherent to the laboratories. In this context, the veterinary laboratories deserve singular attention in the field of the analyses, exams and techniques necessary for legal and forensic investigations, and elaboration of technical reports that assist justice.