Do clinical incidents, complaints and medicolegal claims overlap?

Goldsmith P ，Moon J ，Anderson P ，Kirkup S ，Williams S ，Gray M ... -  《-》

[Medical error in theory and practice - a review of the most important issues].

In recent years, in Poland, despite the lack of an adverse medical events monitoring system, a sharp increase in the number of complaints to various medical and legal institutions, as well as court cases with a suspicion of a medical error, was found, based on the available reports and statistics, which poses a serious medical and legal. The aim of this study was to review the theoretical and practical issues of medical errors in the medico-legal context on the basis of the current legislation in Poland. This paper presents the conceptual scope and the evolution of terminology, starting from "error in the medical art/craft" up to the currently defined and used concept of "medical error." The problem of medical errors in medico-legal categories, according to Polish legal regulations and ethical standards in medicine, was also considered. Different classifications, as well as the causes and consequence of various medical errors, were analyzed. Based on current literature, Polish judicial decisions were reviewed, and some examples of legal rulings with respect to different categories of medical errors were presented. Given the ambiguity, both in conceptual and categorizing terms, with regard to adverse medical events: errors, negligence, malpractice and omission, it would be justified to adopt an unambiguous definition and classification. Such an arrangement would expand the possibilities of research in the field of etiology of medical errors, and more importantly, prepare such procedures that would maximally protect the patient, and allow the maximum reduction of the number of medical errors and any other adverse events. In addition, specifying the medical, legal and economic standards in medical units, and determining the scope of personal and institutional responsibility for undesirable medical events, would, in turn, improve the processing of claims made by patients or their families, as well as the activities of medical and legal institutions, including doctors appointed as court experts. Med Pr. 2020;71(5):613-30.

Puch EA ，Nowak-Jaroszyk M ，Swora-Cwynar E 《-》

An epidemiologic study of closed emergency department malpractice claims in a national database of physician malpractice insurers.

Brown TW ，McCarthy ML ，Kelen GD ，Levy F ... -  《-》

Claims, errors, and compensation payments in medical malpractice litigation.

In the current debate over tort reform, critics of the medical malpractice system charge that frivolous litigation--claims that lack evidence of injury, substandard care, or both--is common and costly. Trained physicians reviewed a random sample of 1452 closed malpractice claims from five liability insurers to determine whether a medical injury had occurred and, if so, whether it was due to medical error. We analyzed the prevalence, characteristics, litigation outcomes, and costs of claims that lacked evidence of error. For 3 percent of the claims, there were no verifiable medical injuries, and 37 percent did not involve errors. Most of the claims that were not associated with errors (370 of 515 [72 percent]) or injuries (31 of 37 [84 percent]) did not result in compensation; most that involved injuries due to error did (653 of 889 [73 percent]). Payment of claims not involving errors occurred less frequently than did the converse form of inaccuracy--nonpayment of claims associated with errors. When claims not involving errors were compensated, payments were significantly lower on average than were payments for claims involving errors (313,205 dollars vs. 521,560 dollars, P=0.004). Overall, claims not involving errors accounted for 13 to 16 percent of the system's total monetary costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including those involving lawyers, experts, and courts). Claims involving errors accounted for 78 percent of total administrative costs. Claims that lack evidence of error are not uncommon, but most are denied compensation. The vast majority of expenditures go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant.

Studdert DM ，Mello MM ，Gawande AA ，Gandhi TK ，Kachalia A ，Yoon C ，Puopolo AL ，Brennan TA ... -  《-》

Clinical analysis of 100 medicolegal cases.

Neale G 《-》