Annotated Bibliography on Medical Malpractice

Ambady, N., Laplante, D., Nguyen, T., Rosenthal, R., Chaumeton, N., & Levinson, W. (2002). Surgeons' tone of voice: A clue to malpractice history. Surgery, 132(1) 5-9.

Interpersonal healthcare factors such as doctors' actions in their contact are frequently cited as essential to patients' judgments in alleging malpractice. Nevertheless, the effect of the contact actions of surgeons is still little known. The present thesis explores the relationship between decisions of the voice of surgeons and their history of misconduct. Paper investigates the connection between the view of surgeons and their past harassment allegations during daily office visits. Surgeons were taped during their visits to their patients, and minimal tests were oblivious to the claims of surgeons by coders. During the first and last minute of encounters with two separate patients, two 10 seconds samples were omitted for each surgeon. Several variables measuring comfort, aggression, superiority, and anxiety with 10-second voice videos with content and 10-second voice videos with speech sound were scored. The sound of the speech of doctors during daily appointments is correlated with the perception of malpractice. It is the first research to demonstrate consistent correlations between contact and surgeon malpractice. Through brief audio recordings, different forms of the effect associated with claims can be measured, and this approach may be helpful to surgeons through school.

Beckman, H. B., Markakis, K. M., Suchman, A. L., & Frankel, R. M. (1994). The doctor-patient relationship, and malpractice. Lessons from plaintiff depositions. Archives of Internal Medicine, 154(12) 1365-1370.

The goal is to review complainants' submissions and gain insight into issues that cause harassment charges. Development is a historical design creation where a broad Metropolitan Medical Center is located. The samples are a sample of convenience of 45 patient depositions which have been chosen randomly from 67 of the sample received between 1985 and 1987 from resolved cases. The changes that have been made are zero. Measures provide the answers to questions such as "Why do you sue?" and "Does a healthcare provider claim misconduct?" As a result, intimacy problems were found in 71% of depositions. The results are: Four themes emerged: 32% deserts; 29% devalues patient and family views; 26% poorly supplies information; 13% misunderstands the perspective of the patient and family. When asked whether healthcare staff indicated malpractice, 54% of complainants replied affirmatively. For these, 71% called the post-result analyst the one implying maliciousness. Conclusions and guidelines suggest that court decisions are often associated with the alleged lack of commitment and collaboration in healthcare. Post-adverse event patient-consultant experiences must be paying particular attention.

Bhattacharyya, T., Yeon, H., & Harris, M. B. (2005). The medical-legal aspects of informed consent in orthopedic surgery. Journal of Bone and Joint Surgery, 87(11):2395-2400.

Routine approval is sought before the operation by orthopedic surgeons. However, there is no evidence to educate orthopedic surgeons on how to receive accurate information on consent. A detailed review of care and risk factors and adequate reporting are needed for informed legal consent. With an accusation of improper informed consent, the paper conducts a final claim review of false cases with two fraud insurers for 24 years. Significant claims for malpractice have been revised and data summarized. To identify factors positively related to successful advocacy, the study performs a statistical analysis. It identifies 28 lawsuits that contained a request for insufficient informed consent. There have been no cases of new options; all cases involved elective orthopedic surgery. A disputed surgical site has been involved in three cases, all three including the Foot and Ankle Surgery, and compensation has been paid. A decreased risk of compensation (p<0.005) was associated with the documentation of the relevant, informed consent of the operating notes. A compensation risk (p < 0.004) was associated with getting informed consent at the Hospital Center or in the preoperative retention area. The risk of malpractice payment decreased significantly when the surgeon obtained informed consent from the office (p < 0.004). Surgeons can reduce the risk of malpractice by receiving informed consent at their offices rather than in their preoperative holding area and by documenting the discussion of informed consent through the dictations or operational notes of their office.

Brennan, T. A., Leape, L. L., Laird, N. M., Hebert, L., Localio, A. R., Lawthers, A. G., Newhouse, J. P., Weiler, P. C., & Hiatt, H. H. (1991). Incidence of adverse events and negligence in hospitalized patients. Results of the Harvard medical practice study I. The New England Journal of Medicine, 324(6) 370-376.

Paper measures the occurrence of the adverse case, identified as injuries from medical services, as well as a sub-group of these injuries arising from inadequate or non-standardized treatment as part of an interdisciplinary review into the patient accident and malpractice litigation. They reviewed in 1984 30.121 chosen histories at 51 intensive care randomly identified, non-psychiatric hospitals. They have also established population measures of incidents and estimated rates based on patient age, sex, and physician specialties. Adverse outcomes resulted in 3.7% (95 % confidence range, 3.2 to 4.2) of patient difficulty and 27.6% (95% confidence range 22.5% to 32.6%) of adverse events. While 70.5% of adverse reactions contributed to impairment for fewer than six months, 2.6% were chronically impaired, and 13.6% were fatal. The proportion of negligence-related adverse outcomes in the most serious accident types improved (Wald Chi Test 2 = 21.04, P less than 0.0001). Weighted data showed 98,609 adverse effects and 27,179 reckless adverse events out of 2671,863 patients discharged from New York hospitals in 1984. Adverse incident rates rose with age (P less than 0.0001). The rate of reckless accidents among older adults was slightly higher (P below 0.01). The risk of adverse effects across groups of clinical specialties was somewhat different (P less than 0.0001), but there was no difference in the percentage due to negligence. There is a substantial risk to medical patients, and many accidents occur from underprivileged treatment.

Cole, S. A. (1997). Reducing malpractice risk through more effective communication. The American Journal of Managed Care, 3(4) 649-53; quiz 656.

This activity is designed for doctors, administrators of health plans, and others. The aim is to assist physicians, health plan administrators, and other providers to learn more about the connection between providers' communication behaviors and subsequent negligence litigating. Goals are as follows: to describe research findings on the relationship between provider communications actions and the resulting negligence allegations, to describe the significant interview weaknesses related as precipitating malpractice litigation and to describe three successful interviewing functions, and describe teaching and coaching strategies that can strengthen the interaction between clinicians and patients, leading to improved health outcomes and decreased risk of abuse.

Huntington, B., & Kuhn, N. (2003). Communication gaffes: A root cause of malpractice claims. Baylor University Medical Center Proceedings, 16, 157-161.

This study offers a response to and reaction to the crisis of medical malpractices, especially about the availability of declining insurance cover for medical negligence, the increasing insurance rates, insurance companies' bankruptcies, and inability in some states to issue insurance policies. This paper addresses the impact on doctors and physicians. For example, the writers address the fact that many medical professionals quit the pharmacy due to this crisis, and the most important consequences are that patient safety is undermined. This article discusses the "art" to connect as it occurs in everyday patients' sessions, the critical conversation, the struggle to satisfy frustrated people, and the current pattern of uninformed findings and medical errors.

Croke, E. M. (2003). Nurses, Negligence, and Malpractice: An analysis based on more than 250 cases against nurses. AJN The American Journal of Nursing, 103(9), 54-63.

According to the National Nurse Data Bank (NPDB), more and more nursing staff are named claimants in malpractice lawsuits. For example, the figure for harassment compensation received by nurses rose from 253 to 413 from 1998 to 2001 (see Figure 1, page 55). There are no signs of an end: following attempts by nursing instructors to make their law and technical obligations and restriction kids and student nurses aware of these patterns. A claim of negligence against a nurse may be brought by almost any action or non-action, which most often leads to injury in a patient, unintentional non-compliance with a norm of clinical practice, which may trigger a malpractice law lawsuit. This article analyzes cases decided between 1995 and 2001, identifying the actions and problems that led to negligence charges that lead to misuse of caregivers, as well as the fields of care most often referred to in the complaints. (This article does not address cases resulting from intentional acts, such as attacks, batteries, or false detention, for which care workers were arrested and sometimes prosecuted.)

Huang, hui-man & Sun, Fan-Ko & Lien, Ya. (2015). Nurse practitioners, medical negligence, and crime: A case study. Clinical Nursing Studies. 3. 10.5430/cns.v3n4p21.

Medical negligence litigation has become a global issue, but Taiwan has ignored the subject of nursing negligence. The purpose of this research is to study the causes of the medical neglect of a particular defendant nurse practitioner (NP). To meet the research goals, a case study method was used. The thesis was chosen as the case of Taiwan Kaohsiung District Court Criminal Court Yi-Su-Zi No. 2 (2012). Eight patient care failures contributed to the NP defendant, who could not communicate effectively with nursing personnel on duty, inform the appointee of the patient's deterioration promptly, monitor patient deterioration, implement interventions in time, accurately assess the patient; follow the installation procedures; implement route procedures. The NP defendant's actions violated the care duties, and the patient's death was caused by medical negligence. This case is a violation of the Criminal Act Article 14 and the Nursing Workers Act Article 26 under Taiwanese Law, and the NP sentenced the suspect. The results will help NPS recognize their ethical responsibilities and encourage them to reduce the risk of medical error proactively, maintaining more exceptional care and patient health.