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56,562 result(s) for "Professional liability"
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Medical Malpractice Reform: Noneconomic Damages Caps Reduced Payments 15 Percent, With Varied Effects By Specialty
The impact of medical malpractice reforms on the average size of malpractice payments in specific physician specialties is unknown and subject to debate. We analyzed a national sample of malpractice claims for the period 1985-2010, merged with information on state liability reforms, to estimate the impact of state noneconomic damages caps on average malpractice payment size for physicians overall and for ten different specialty categories. We then compared how the effects differed according to the restrictiveness of the cap ($250,000 versus $500,000). We found that, overall, noneconomic damages caps reduced average payments by $42,980 (15 percent), compared to having no cap at all. A more restrictive $250,000 cap reduced average payments by $59,331 (20 percent), and a less restrictive $500,000 cap had no significant effect, compared to no cap at all. The effect of the caps overall varied according to specialty, with the largest impact being on claims involving pediatricians and the smallest on claims involving surgical subspecialties and ophthalmologists.
Medical Legal Aspects of Telemedicine in Italy: Application Fields, Professional Liability and Focus on Care Services During the COVID-19 Health Emergency
Telemedicine services can be classified into the macro-categories of specialist Telemedicine, Tele-health and Tele-assistance. From a regulatory perspective, in Italy, the first provision dedicated to the implementation of Telemedicine services is represented by the Agreement between the Government and the Regions on the document bearing “Telemedicine—National guidelines,” approved by the General Assembly of the Superior Health Council in the session of 10th July 2012 and by the State Regions Conference in the session of 20th February 2014. Scientifically, several studies in the literature state that information and communication technologies have great potential to reduce the costs of health care services in terms of planning and making appropriate decisions that provide timely tools to patients. Another clear benefit is the equity of access to health care. The evolution of telemedicine poses a series of legal problems ranging from the profiles on the subject of authorization and accreditation to those concerning the protection of patient confidentiality, the definition and solution of which, in the absence of specific regulatory provisions, is mainly left to the assessment of compatibility of the practices adopted so far, with the general regulatory framework. In terms of professional liability, it is necessary to first clarify that the telemedicine service is comparable to any diagnostic-therapeutic health service considering that the telemedicine service does not replace the traditional health service, but integrates the latter to improve its effectiveness, efficiency and appropriateness.
Birth-related long bone fractures in otherwise healthy newborns and medical professional liability: literature review and case presentation
Birth-related long bone fractures are rare but clinically significant events that require careful evaluation to distinguish them from fractures caused by underlying pathological conditions or non-accidental trauma. Their diagnosis and management have important clinical and medico-legal implications. A selective literature review was conducted to identify relevant studies published between 2004 and 2024, regarding incidence, mode of delivery, fracture location, time to diagnosis, treatment, and outcomes. Additionally, an original case report of a female neonate diagnosed with femoral shaft fracture on the third day of life. Neonatal long bone fractures can occur even in the absence of predisposing genetic or metabolic conditions. While they generally heal without for surgical intervention, timely diagnosis through appropriate imaging is crucial to ensure proper management. Failure to do so may expose healthcare professionals and institutions to potential medico-legal liability, both during delivery and in the immediate postnatal period. Preventive strategies should focus on careful prenatal risk assessment, adherence to best practices in delivery maneuvers, and early postnatal monitoring to optimize outcomes and minimize legal risks.
Historical experience of the rise of a regional quality system of medical care
La variedad de características profesionales y éticas de las actividades de los médicos requiere mejorar las capacidades de las tecnologías de monitoreo. Este documento revisa la experiencia regional de la formación del sistema de gestión de calidad y seguridad de la atención médica (basado en los materiales del período de 10 años de la región de Tyumen, Federación Rusa. Se creó una tecnología regional departamental de control de calidad de la atención médica como medio para reducir la morbilidad, mortalidad y prevenir riesgos para la salud de los pacientes. Se conformó una base tecnológica para la gestión de la atención médica, como factor de reducción de la morbilidad y como base para la conformación de un sistema de reducción de riesgos a la salud, que incluye temas de capacitación sistemática continua del personal médico, indicadores de calidad de la atención médica, el nivel de calidad de los exámenes forenses. Para mejorar la eficiencia del control departamental de la calidad de la atención médica, durante el estudio se estableció un departamento de control de atención médica y trabajo clínico y experto en el Departamento de Salud de la Región de Tyumen (DH TR). El eslabón clave en el control departamental de la calidad de la atención médica son las \"comisiones de expertos\" de las instituciones médicas (MI), el eslabón clave en el control interdepartamental de la calidad de la atención médica son los \"servicios de seguro médico, social y de salud\". Los estudios se iniciaron durante la transición a la financiación de un solo canal y las evaluaciones de las instituciones médicas sobre la base de un caso completo.
Bad acts : the racketeering case against the tobacco industry
On January 20, 1999, President Bill Clinton announced in his State of the Union address that the Justice Department was planning to sue the tobacco industry and assigned the task to Attorney General Janet Reno and the Justice Department. This book is the story of that case - the politics, the litigation, the behavior of the industry and its lawyers, the efforts by the Bush Administration to gut the case, and the ultimate victory in court. Bad Acts tells the story, not yet fully revealed, of what was happening behind the scenes at the Justice Department as the case approached victory, when the Bush Administration intervened, with some success, to protect Big Tobacco. The book examines the political influences and interferences of and by Clinton Democrats and George W. Bush Republicans. It is a candid behind-the-scenes account of how the case was put together, how the industry attempted to halt the case, and how it ultimately was won by the Justice Department.
The legal, professional, and ethical dimensions of education in nursing
The only volume on higher education law written specifically for nursing faculty, this volume imparts the basic foundations of the legal, professional, and ethical issues that concern faculty on a daily basis. It clearly defines the legal rights of students, professors, and educational institutions along with the case laws supporting those rights. Each chapter contains a vivid legal scenario, related legal principles and theoretical foundations, and critical thinking questions. Written by an author who is both a nurse educator and attorney, the volume emphasizes sound decision making so that readers can successfully navigate the complex legal issues confronting them in the faculty role. This second edition reflects recent changes in higher education and includes an emphasis on students' rights and safety. Chapters address the general legal rights of students with expanded content on the interplay with social media, rights of faculty regarding freedom of speech, faculty protection against lawsuits, faculty and the employment relationship, faculty relations, the teaching and scholarship roles of faculty, the service and clinical practice role of faculty, and ethical considerations for patients, students, and faculty in education environments. Appendices include information on how to read a legal case and how to research legal topics.
Medical misadventure in an age of professionalisation, 1780–1890
This book looks at medical professionalisation from a new perspective, one of failure rather than success. It questions the existing picture of broad and rising medical prosperity across the nineteenth century to consider the men who did not keep up with professionalising trends. It unpicks the life stories of men who could not make ends meet or who could not sustain a professional persona of disinterested expertise, either because they could not overcome public accusations of misconduct or because they struggled privately with stress. In doing so it uncovers the trials of the medical marketplace and the pressures of medical masculinity. All professionalising groups risked falling short of rising expectations, but for doctors these expectations were inflected in some occupationally specific ways.
Liability risks for appraisers in condemnation
In a condemnation assignment, the level of scrutiny that an appraiser's work product receives often surpasses the typical level of review that occurs in valuation assignments for other (more typical) intended uses of an appraisal. Every word of an appraisal report used in a litigation matter is likely to be pored over by someone who would like to prove the appraiser wrong. It is important to have a general understanding of the type of legal claim that is usually asserted when valuers are accused of problems in the performance of their valuation services.
Professional Liability Pertinent to Graduate Medical Education: The Intersection of Medical Education, Patient Care, and Law
Physicians in training, nurse practitioners, physician assistants, attending physicians, and institutions that sponsor medical education are all at risk for potential professional liability issues. The unique relationship between healthcare providers and their sponsoring institution generates complex and evolving legal issues for all participants in medical education training. The law has played a great role integrating quality care and patient safety with excellent medical education for training physicians, while providing an avenue for relief when a medical error occurs. The intersection of law and medicine, while allowing for optimal medical education and patient care, exposes participating medical providers and the sponsoring institutions to specific professional liability issues. This article addresses these medical education settings and their potential professional liability issues.
Legal Regulation of the Professional Liability Insurance of a Consultant in Russia and Abroad
The authors analyze one of the most problematic areas in sphere of legal regulation - professional liability of a consultant in sphere of entrepreneurship. This sphere remains unregulated in Russia although in foreign countries professional liability insurance is widespread. The conducted analysis allowed authors to make conclusions on the development of the professional liability insurance of the consultants. Authors also note the lack of the legal regulation of this sphere. Taking into account the world experience the authors conclude that this sphere is one of the most promising and demanded by the clients.