Risk Of Lawsuits Research Articles

임원배상책임보험의 통지조항 - 기업보험성 및 설명의무와 관련하여

D&O insurance goes beyond covering the risk of lawsuits against directors’ personal property and has become an essential element for the sustainable management of companies. The D&O insurance subscription rate of listed companies in Korea has increased to about 75% as of 2023, but the number of claims in 2022 is 122 and the loss ratio is only 9.6%. The reason why D&O insurance is not activated in Korea is due to the problem of corporate governance in which diectors are not effectively held accountable, as well as the English terms and conditions of the United States, which are based on American corporate law, which is different from Korea’s. The terms and conditions have been written, and the Korean terms and the US English terms and conditions are used as is, resulting in unclear or unreasonable interpretations. In particular, the notice provision, which is the essence of claims-made policy, is the most confusing part in practice and rulings. The notice provision makes immediate notification of a claim a condition precedent for policy and includes the obligation to consent in advance to settlement or defense costs. Since D&O insurance is a corporate insurance, the principle of prohibition of disadvantageous changes in Article 663 of the Commercial Act does not apply, and the duty to explain should be exempted or relieved. If the obligation to notify the occurrence of an insurance accident is not complied with and prior consent for defense costs is not obtained, the insurance shall not be paid. Even if the insurer is in breach of the duty to explain, it should be solved by the interpretation of terms and conditions, and the insurer’s reponsibility for damages.

Factors affecting the choice of medical specialties in Turkiye: an analysis based on cross-sectional survey of medical graduates

BackgroundModern healthcare systems require the right mix of medical specialties for effective provision of high-quality services. Despite increased availability of general physicians and specialists, Türkiye lags behind high-income countries in terms of availability of specialists. The purpose of the study is to identify several specific factors that affect the choice of medical specialization.MethodsAll 350 medical school graduates in a specialty examination preparation bootcamp were requested to participate in the survey and 333 completed the self-administered questionnaire. The survey asked questions about factors affecting choice of medical specialty by medical graduates.ResultsThe empirical results indicate that surgical specialties, compared to other broad medical specializations, are selected because of its higher income-earning potential and social prestige. The likelihood of selecting surgical specialties is negatively affected by rigorousness of the training program, high work-load, risk of malpractice lawsuits and risk of workplace violence. Male participants were 2.8 times more likely to select surgery specialty compared to basic medical science. Basic medical science areas were selected at a higher rate by female graduates and graduates with high level of academic performance in medical schools.ConclusionsIt is critically important to improve trust and inter-personal communications between the patients and physicians in all specialties to lower the likelihood of malpractice lawsuits and workplace violence. Policy-makers may adopt policies to affect income earning potential and social prestige of targeted specializations to improve their supply.

Is Defensive Medicine Increasing or Decreasing Risk of Lawsuits

Is Defensive Medicine Increasing or Decreasing Risk of Lawsuits

The law code of ChatGPT and artificial intelligence-how to shield plastic surgeons and reconstructive surgeons against Justitia's sword.

Large Language Models (LLMs) like ChatGPT 4 (OpenAI), Claude 2 (Anthropic), and Llama 2 (Meta AI) have emerged as novel technologies to integrate artificial intelligence (AI) into everyday work. LLMs in particular, and AI in general, carry infinite potential to streamline clinical workflows, outsource resource-intensive tasks, and disburden the healthcare system. While a plethora of trials is elucidating the untapped capabilities of this technology, the sheer pace of scientific progress also takes its toll. Legal guidelines hold a key role in regulating upcoming technologies, safeguarding patients, and determining individual and institutional liabilities. To date, there is a paucity of research work delineating the legal regulations of Language Models and AI for clinical scenarios in plastic and reconstructive surgery. This knowledge gap poses the risk of lawsuits and penalties against plastic surgeons. Thus, we aim to provide the first overview of legal guidelines and pitfalls of LLMs and AI for plastic surgeons. Our analysis encompasses models like ChatGPT, Claude 2, and Llama 2, among others, regardless of their closed or open-source nature. Ultimately, this line of research may help clarify the legal responsibilities of plastic surgeons and seamlessly integrate such cutting-edge technologies into the field of PRS.

Mitigating Legal Risks in NHAI EPC Contracts Clause Impacted by Safety Parameter

Abstract: Globally, disagreement, legal actions, and litigation around the development of national highways are growing daily. Numerous investigations have uncovered problems with contract formulation, contract document faults, and the preconstruction stage. The analysis focuses on five EPC contract terms related to national highway safety that carry a high risk of lawsuit. Contractors, consultants, and employees of the authority were handed a questionnaire survey as part of this investigation. Google Forms was used to gather 161 replies. Principal component analysis was used in SPSS to analyse the aforementioned data. The result shows that there are a number of crucial (high risk) contract elements in EPC contracts that could lead to litigation.

Personal Health and Illness Management and the Future Vision of Biomedical Clothing Based on WSN

It is essential to have a fast, reliable, and energy-efficient connection between wireless sensor networks (WSNs). Control specifications, networking layers, media access control, and physical layers should be optimised or co-designed. Health insurance will become more expensive for individuals with lower incomes. There are privacy and cyber security issues, an increased risk of malpractice lawsuits, and more costs in terms of both time and money for doctors and patients. In this paper, personal health biomedical clothing based on wireless sensor networks (PH-BC-WSN) was used to enhance access to quality health care, boost food production through precision agriculture, and improve the quality of human resources. The internet of things enables the creation of healthcare and medical asset monitoring systems that are more efficient. There was extensive discussion of medical data eavesdropping, manipulation, fabrication of warnings, denial of services, position and tracker of users, physical interference with devices, and electromagnetic attacks.

Big web data: Challenges related to data, technology, legality, and ethics

The digital data available online is currently measured in zettabytes. These vast repositories of big web data are increasingly viewed as a strategic resource comparable in value to land, gold, and oil. This big web data can be extracted and analyzed by organizations to gain a better understanding of their internal and external environment and improve organizational performance. Because of these opportunities, automated retrieval and organization of web data (i.e., web scraping) for research projects is becoming a common practice. This article outlines the data-related, technical, legal, and ethical issues related to web scraping. Awareness of these issues can help researchers save time and resources and, most importantly, mitigate the potential risk of ethical controversies or lawsuits related to the retrieval and use of big web data.

MP10-20 MEDICAL MALPRACTICE LAWSUITS INVOLVING UROLOGY TRAINEES

You have accessJournal of UrologyCME1 May 2022MP10-20 MEDICAL MALPRACTICE LAWSUITS INVOLVING UROLOGY TRAINEES Roei Golan, Manish Kuchakulla, Arjun Watane, Raghuram Reddy, Ravi Parikh, and Ranjith Ramasamy Roei GolanRoei Golan More articles by this author , Manish KuchakullaManish Kuchakulla More articles by this author , Arjun WataneArjun Watane More articles by this author , Raghuram ReddyRaghuram Reddy More articles by this author , Ravi ParikhRavi Parikh More articles by this author , and Ranjith RamasamyRanjith Ramasamy More articles by this author View All Author Informationhttps://doi.org/10.1097/JU.0000000000002532.20AboutPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissionsReprints ShareFacebookLinked InTwitterEmail Abstract INTRODUCTION AND OBJECTIVE: Malpractice suits are lengthy and may cause a heavy psychological burden on young physicians at the inception of their careers. Our objective was to distinguish the various characteristics of medical malpractice lawsuits involving trainees to prevent future litigation. METHODS: LexisNexis, an online legal research database containing legal records from the United States, was retrospectively reviewed for malpractice cases involving urology interns, residents, or fellows from January 1, 1988, to December 31, 2020. RESULTS: A total of 16 cases were included, of which 7 (43.8%) involved urological allegations while 9 (56.2%) involved non-urological allegations. 5 of the cases consisting of non-urological adverse outcomes led to mortality. Procedural error was claimed in 12 (75%) cases, negligence in 7 (43.8%), delayed evaluation in 6 (37.5%), lack of informed consent of procedure or complications in 4 (25%), failure to pursue treatment in 4 (25%), inexperienced trainee in 2 (12.5%), failure to supervise trainee in 2 (12.5%), lack of informed consent of trainee involvement in 1 (6.2%), incorrect diagnosis in 1 (6.2%), and prolonged operative time in 1 (6.2%) case. The average time from medical injury to verdict date was around 5 years. The median time was 4.4 years (IQR 3.9 - 5.2 years), with a maximum time of 11.9 years and a minimum time of 1.8 years. Five (31.2%) cases led to the jury rendering a defense verdict, and 6 (37.5%) cases resulted in payout for the plaintiff (median $728,491; IQR $439,245 - $1,350,000). The other 5 (31.2%) cases resolved in a settlement (median $490,000; IQR $397,500 - $525,000). Payouts, whether through verdict or settlement, occurred in 11 (68.8%) cases. CONCLUSIONS: The cases reported in this study highlight the importance of perioperative care, communication skills between attending physicians, trainees, and patients, providing detailed informed consent, careful documentation, and acknowledging mistakes. Future research should focus on strengthening training programs' execution of malpractice prevention amongst trainees. In addition to mitigating malpractice lawsuit risk, malpractice education may benefit the healthcare system and most importantly, the patients and their families. Source of Funding: None © 2022 by American Urological Association Education and Research, Inc.FiguresReferencesRelatedDetails Volume 207Issue Supplement 5May 2022Page: e155 Advertisement Copyright & Permissions© 2022 by American Urological Association Education and Research, Inc.MetricsAuthor Information Roei Golan More articles by this author Manish Kuchakulla More articles by this author Arjun Watane More articles by this author Raghuram Reddy More articles by this author Ravi Parikh More articles by this author Ranjith Ramasamy More articles by this author Expand All Advertisement PDF DownloadLoading ...

US Physicians' Knowledge About The Americans With Disabilities Act And Accommodation Of Patients With Disability.

More than thirty years since the enactment of the Americans with Disabilities Act (ADA), people with disability continue to experience health care disparities. The ADA mandates that patients with disability receive reasonable accommodations. In our survey of 714 US physicians in outpatient practices, 35.8percent reported knowing little or nothing about their legal responsibilities under the ADA, 71.2percent answered incorrectly about who determines reasonable accommodations, 20.5percent did not correctly identify who pays for these accommodations, and 68.4 felt that they were at risk for ADA lawsuits. Physicians who felt that lack of formal education or training was a moderate or large barrier to caring for patients with disability were more likely to report little or no knowledge of their responsibilities under the law and were more likely to believe that they were at risk for an ADA lawsuit. To achieve equitable care and social justice for patients with disability, considerable improvements are needed to educate physicians and make health care delivery systems more accessible and accommodating.

Review of Reduced Salt, Snow, and Ice Management Practices for Commercial Businesses

Chlorides (frequently sodium chloride) are used to improve safety and access to roads and other surfaces in winter. However, chlorides also pose risks to aquatic life and raises human health concerns as they move to surface waterbodies and infiltrate groundwater. In response, many government bodies have adopted winter maintenance best management practices (BMPs) that reduce the amount of chlorides used while providing service and safety. Commercial businesses maintaining parking lots, driveways, and other surfaces have been shown to contribute as much as 50% of the chloride loads to local waterbodies in some areas, but less is known about the potential benefits of private contractors to implement similar BMPs. In addition, many existing resources on the topic are designed for municipal audiences, creating a knowledge gap about the feasibility of private companies to adopt these practices. The authors identified 14 BMPs common to municipal plans with the potential to be adopted by private contractors through a literature review. These practices aim to increase the efficiency of salt applications, and/or decrease environmental impacts while delivering a similar level of service and cost over time. The authors considered potential barriers and benefits to private contractors adopting and using these BMPs. Benefits included reduced liability (e.g., risk of lawsuits), costs, environmental impacts, and improved service. Barriers included additional staff time and training, increased materials, equipment, and maintenance costs. Additional research is needed to ground-truth these predicted motivations and barriers; a greater understanding of private contractor behaviors can enhance educational efforts that promote reduced salt practices.

Legal Expertise and the Role of Litigation Risk in Firms' Conservatism Choices

ABSTRACT Firms face a greater risk of lawsuits for overstated rather than understated earnings or net assets, suggesting conservatism can reduce firms' expected legal costs. Because managers with legal expertise are more likely than other managers to recognize the legal benefits of conservatism, this study examines whether legal expertise among members of senior management promotes greater conservatism. Consistent with this prediction, we find that firms with a general counsel (GC) in senior management (our proxy for legal expertise) report more conservatively. We also find that GC firms recalibrate their conservatism levels in response to changes in the legal environment—their conservatism choices are more responsive to litigation against peer firms and to two judicial rulings that affected the litigation risk for firms located in the Ninth Circuit. Overall, our findings suggest that populating senior management with legal experts affects the extent to which a firm's level of conservatism incorporates legal risks. Data Availability: Data are available from public sources identified in the text. JEL Classifications: K40; M41.

Managers' sexually-oriented behavior and firm performance: linking media reports to stock market reactions and legal risk

PurposeThe goal of this study is to examine the association between managers' sexually-oriented behavior in publicly traded firms and subsequent stock market reactions. Both sexual harassment and nonharassing sexually-oriented behavior (i.e. workplace romance) are associated with negative shareholder reactions. The authors also examine factors that may alter the stock market reaction and those that may reduce the risk of lawsuit in sexual harassment cases.Design/methodology/approachInformation about incidents of sexually-oriented behavior was collected from media reports and content coded. An event study with a stock market reaction was used to measure the impact of disclosed sexually-oriented behaviors. Logistic regression was used to assess the relationship between incident characteristics and sexual harassment lawsuits.FindingsDisclosure of managers' sexually-oriented behavior is associated with a negative stock market reaction. Interestingly, the reaction was not more severe for sexual harassment disclosures compared to nonharassing behavior (i.e. workplace romance). Results also suggest that terminating a manager prior to disclosure of an event is negatively related to a harassment lawsuit.Originality/valueThe authors report this as the first study to focus on the stock market reaction of sexually-oriented harassing and nonharassing behavior of managers. This work complements research that documents the negative impact of sexual harassment on individuals by demonstrating these behaviors are associated with loss and risk at an organizational level.

Universal demand laws and the monitoring demand for accounting conservatism

AbstractWhile prior research holds the consensus that accounting conservatism can serve as an effective monitoring device, it is not clear whether shareholders can successfully enforce managers’ adherence to accounting conservatism when directors fail to fulfill their fiduciary duties. We attempt to answer the question by exploiting staggered enactments of the universal demand (UD) laws in 23 US states. UD laws raise procedural hurdles for shareholders to file derivative lawsuits against managers and directors who allegedly breach their fiduciary duties. For firms incorporated in states that adopt UD laws, restrictions on shareholder litigation rights weaken directors’ incentives to monitor managers. We predict and find a decrease in conditional conservatism following the enactment of UD laws. The decline in conditional conservatism exists only for firms with low institutional ownership, low external equity dependence, or high ex‐ante derivative lawsuit risk. The main result is attributable to both the direct channel (through restriction of shareholder litigation rights) and the indirect channel (through the deployment of management‐friendly governance provisions). Our findings suggest that shareholders cannot successfully demand accounting conservatism when directors lack the incentives to monitor managers.

Defensive medicine and cesarean sections in Brazil.

Brazil has a high rate of cesarean sections (CS) that cannot be solely justified by women's clinical conditions; thus, other causes, for example, CS on maternal request and physicians’ fear of litigation as possible influencing factors, cannot be overlooked.This study aimed to identify through a survey whether Brazilian gynecologists and obstetricians (GOs) perform defensive CS.In this cross-sectional, descriptive study, a questionnaire was administered. The target population comprised of GOs who were members of premier Brazilian professional associations of gynecology and obstetrics. A total of 403 GOs participated in the survey using an obstetrics questionnaire about litigation and defensive medicine (DM). Statistical analyses were performed on pairs of variables to determine the risk factors of performing CS due to concerns of complications during vaginal delivery and to avoid lawsuits.The mean age of the GOs was 47.7 years who were mostly female (58.3%) and having worked professionally in both public and private sectors (71.7%). Of all participants, 80.6% had been sued or knew an obstetrician who had been sued. The obstetricians who had been sued or who knew a colleague that had been sued exhibited a significantly higher likelihood of performing defensive CS than physicians who had not been sued or did not know physicians who had been sued. The perception of a higher risk of lawsuits against obstetricians influenced the practice of DM and led to a more than six-fold increase in CSs in specialists with this perception compared to specialists who did not believe the presence of an increased risk of litigation in obstetrics existed.The majority of Brazilian GOs perform defensive CS. It is important to consider DM as one of the causes of high CS rates in Brazil and include it in the development of public policies to reduce these CS rates.

Legal Expertise and the Role of Litigation Risk in Firms’ Conservatism Choices

Firms face a greater risk of lawsuits for overstated rather than understated earnings or net assets, suggesting conservatism can reduce firms’ expected legal costs. Because managers with legal expertise are more likely than other managers to recognize the legal benefits of conservatism, this study examines whether legal expertise among members of senior management promotes greater conservatism. Consistent with this prediction, we find that firms with a general counsel (GC) in senior management (our proxy for legal expertise) report more conservatively. We also find that GC firms recalibrate their conservatism levels in response to changes in the legal environment—their conservatism choices are more responsive to litigation against peer firms and to two judicial rulings that affected the litigation risk for firms located in the Ninth Circuit. Overall, our findings suggest that populating senior management with legal experts affects the extent to which a firm’s level of conservatism incorporates legal risks.

The Strategic Choice of Peers in M&A Valuations

We examine the strategic choice of peer comparables in fairness opinions (FOs) used in M&A valuations. Using a hand-collected sample of peer comparable analyses and a regulatory shock to appraisal lawsuit risk, we show that target-sought FOs employ lower-valued peers when litigation risk is higher. Cross-sectionally, the bias is stronger when the target CEO is retained and owns fewer shares in the target. Although the selection of downward-biased peers reduces appraisal lawsuit likelihood, it is also associated with lower premiums. We conclude that FO valuations are driven, at least in part, by the strategic motive to mitigate litigation risk.

Medicolegal Sidebar: Legal Immunity for Healthcare Workers During COVID-19.

Medicolegal Sidebar: Legal Immunity for Healthcare Workers During COVID-19.

Bleeding management after implementation of the Hemorrhage Code (Code H) at the Hospital Israelita Albert Einstein, São Paulo, Brazil.

ABSTRACTObjective To describe the implementation of a care protocol based on rapid response teams, for management and resolution of bleeding.Methods A hospital protocol called Hemorrhage Code (Code H) was devised and developed. In a flow line, a multidisciplinary team provides comprehensive, fast and effective care to the patient with a severe hemorrhagic condition. In another flow line, professionals based at the hospital pharmacy focus on identifying patients at risk of bleeding, to avoid this event. Several hospital professionals and sectors were trained, each with specific roles, ensuring full support to the medical and nursing staffs.Results After implementing this protocol, we were able to significantly reduce the number of catastrophic events related to failure in bleeding management.Conclusion Code H is an example of a value-based medicine and precision medicine project by delivering comprehensive and multidisciplinary care, in addition to point-of-care testing introduced in clinical practice, optimizing patient safety and care practices at the hospital. Furthermore, it will be possible to minimize the risk of lawsuits for the hospital and physicians, as well as rationalizing resources with benefits for administrators and payers.

Construction flaws in facing brick facades and the risk of associated litigation

This paper presents a study of the most common types of construction flaws in facing brick facades. It is intended to examine the intervening parameters and know the interrelations between them, developing a risk evaluation framework through a process of categorisation. The 274 cases analysed correspond to the totality of the period of the study and cover the entirety of the Spanish territory. Adaptation of the weighted factor method allows to establish and quantify risk categories according to the number of variants of interrelations and according to the number of cases, subsequently determining the risk of lawsuit for each construction flaw. The results include a dual study according to the two above-mentioned concepts, providing a standardised codification of each case, as well as its individual risk factor. As for the evaluation, five risk categories are established (very high, high, moderate, low and very low), allowing to demonstrate that, by intervening on certain interrelations (whether in the design stage or at the execution stage) it is possible to clearly reduce the probability of litigation, as well as the number of associated construction flaws. Consequently, establishment of the aforementioned categories constitutes a very useful tool for risk managers – requiring first their identification and, secondly, their control and reduction.

In the crosshairs: The perils of environmental journalism

Journalists covering environmental issues around the globe are at heightened risk of murder, arrest, assault, threats, self-exile, lawsuits, and harassment because environmental controversies often involve influential business and economic interests, political power battles, criminal activities, and corruption, plus politically, culturally, and economically sensitive issues concerning Indigenous rights to land and natural resources. This study uses in-depth interviews with journalists and other experts to explore such situations, including the psychological effects on these journalists’ sense of mission and professional practices. Interviewees generally did not seek therapy or counseling after their adverse experiences. Those experiences led some journalists to change their careers but strengthened the professional commitment that other journalists feel.