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Effects Of A Communication-And-Resolution Program On Hospitals’ Malpractice Claims And Costs
To promote communication with patients after medical injuries and improve patient safety, numerous hospitals have implemented communication-and-resolution programs (CRPs). Through these programs, hospitals communicate transparently with patients after adverse events; investigate what happened and offer an explanation; and, when warranted, apologize, take responsibility, and proactively offer compensation. Despite growing consensus that CRPs are the right thing to do, concerns over liability risks remain. We evaluated the liability effects of CRP implementation at four Massachusetts hospitals by examining before-and-after trends in claims volume, cost, and time to resolution and comparing them to trends among nonimplementing peer institutions. CRP implementation was associated with improved trends in the rate of new claims and legal defense costs at some hospitals, but it did not significantly alter trends in other outcomes. None of the hospitals experienced worsening liability trends after CRP implementation, which suggests that transparency, apology, and proactive compensation can be pursued without adverse financial consequences.
Journal Article
Usual cruelty : the complicity of lawyers in the criminal injustice system
\"From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it\"-- Provided by publisher.
Book
Medical liability claims in gynaecologic care: retrospective analysis of claims related to gynaecology in the Netherlands (2005–2022) – Is there a connection between treatment indication, phase of treatment and the risk of medical malpractice claims?
Background
An increased interest in medical liability claims has been noticed. Nevertheless, detailed data on subject of claims and possible factors that contribute to litigation and indemnity payments are scarce and relatively dated. Insight into these data may provide valuable information to prevent both incidents and malpractice claims.
Objective
To analyse the subject, outcome and costs of malpractice claims related to gynaecological care and their connection with treatment indications and treatment phases.
Design
A retrospective analysis of malpractice claims related to gynaecology.
Setting
All claims related to gynaecology, filed and closed by Netherlands’ largest liability insurance company, Centramed between 2005 and 2022.
Sample
N
= 382.
Methods
An in-depth analysis of claim files was performed.
Results
A total of 68.6% of the claims were related to perioperative incidents. A total of 88.0% of all claims were related to treatments with a benign indication and only 12.0% were related to malignancies. The share of malignant treatment indications was high for claims related to diagnostic incidents (37.9%), compared to 7.3% for claims related to surgical treatment. Liability was accepted in 22.5% of all claims. The total costs of all claims amount €6,6mlj. Besides the indication for treatment, deficient expectation management (a lack of informed consent) contributes to dissatisfaction and increases the risk of malpractice claims. Finally, an inadequate medical file compromises legal defence and influences the judgement and settlement of malpractice claims.
Conclusions
There is a connection between treatment indications and treatment phases and the risk of malpractice claims and their outcome.
Journal Article
The sleep room
The Royal Waterloo Hospital, London in the 1960s. Six young women lie asleep on low beds. Day and night no longer exist, extinguished by a potent cocktail of antipsychotic, sedative and anti-depressant drugs. The women are taken from their beds by the nurses and given electroconvulsive therapy before being put to sleep again. All under the predatory eye of Dr William Sargant. 'The Sleep Room' is a chilling exposé of Sargant's bizarre psychiatric treatments that were inflicted on hundreds of women with mental illness - among them the actor Celia Imrie. At the story's centre is a sinister and charismatic doctor, who was a hugely influential figure in post-war British society. When Sargant died in 1988, the obituaries were glowing. But since then, women treated without their consent and with often horrific side-effects lasting decades have been campaigning to tell the truth about Sargant.
BOOK
Artificial Intelligence and Liability in Medicine
Policy Points With increasing integration of artificial intelligence and machine learning in medicine, there are concerns that algorithm inaccuracy could lead to patient injury and medical liability. While prior work has focused on medical malpractice, the artificial intelligence ecosystem consists of multiple stakeholders beyond clinicians. Current liability frameworks are inadequate to encourage both safe clinical implementation and disruptive innovation of artificial intelligence. Several policy options could ensure a more balanced liability system, including altering the standard of care, insurance, indemnification, special/no‐fault adjudication systems, and regulation. Such liability frameworks could facilitate safe and expedient implementation of artificial intelligence and machine learning in clinical care.
Journal Article