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Journal articles on the topic 'Medical negligence'

Author: Grafiati

Published: 4 June 2021

Last updated: 20 February 2023

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1

Otto, S. F. "Medical negligence." South African Journal of Radiology 8, no. 2 (June 9, 2004): 19. http://dx.doi.org/10.4102/sajr.v8i2.128.

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The progress made in diagnostic and therapeutic medicine has resulted in an increase in the number of malpractice suits brought against medical practitioners. To constitute negligence it must be shown that the conduct of the accused did not measure up to the standard of care the law required of him in the particular circumstances and that he acted with guilt and therefore can be blamed for the deed. This paper describes medical practitioner negligence and reviews relevant cases.

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2

Kulkarni, Padmaj, and Sujit Nilegaonkar. "Medical negligence." Indian Journal of Medical and Paediatric Oncology 40, no. 4 (2019): 552. http://dx.doi.org/10.4103/ijmpo.ijmpo_261_19.

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3

Payne, S. D. W. "Medical Negligence." Emergency Medicine Journal 13, no. 1 (January 1, 1996): 71–72. http://dx.doi.org/10.1136/emj.13.1.71-c.

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4

MacGregor, A. J. "Medical negligence." Journal of Dentistry 20, no. 5 (October 1992): 322. http://dx.doi.org/10.1016/0300-5712(92)90070-s.

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5

Rosen, M. "Medical negligence." BMJ 304, no. 6826 (February 29, 1992): 576. http://dx.doi.org/10.1136/bmj.304.6826.576.

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6

Pradhan, Eli. "Minimizing medical negligence." Nepalese Journal of Ophthalmology 6, no. 1 (July 16, 2014): 1–2. http://dx.doi.org/10.3126/nepjoph.v6i1.10757.

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7

Tribe, Diana M. R., and Gill Korgaonkar. "Medical Negligence — 1." Journal of Management in Medicine 4, no. 3 (March 1989): 204–9. http://dx.doi.org/10.1108/eb060552.

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8

Tribe, Diana M. R., and Gillian J. A. Korgaonkar. "Medical Negligence 2." Journal of Management in Medicine 4, no. 4 (April 1990): 277–81. http://dx.doi.org/10.1108/eb060563.

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9

Tribe, Diana M. R., and Gillian J. A. Korgaonkar. "Medical Negligence 3." Journal of Management in Medicine 4, no. 4 (April 1990): 282–84. http://dx.doi.org/10.1108/eb060564.

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10

Mann, Arnold. "Medical Negligence Litigation." Australian Journal of Forensic Sciences 21, no. 4 (July 1989): 124–36. http://dx.doi.org/10.1080/00450618909411008.

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11

Hossaini, Md Rafiqul Islam. "Medical negligence in Bangladesh: criminal, civil and constitutional remedies." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1109–15. http://dx.doi.org/10.1108/ijlma-11-2016-0103.

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Purpose The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh. Design/methodology/approach This research work is qualitative in nature. Books, journal articles, case law and statutory laws have been reviewed to formulate this work. Findings A victim of medical negligence in Bangladesh can approach the court seeking remedy under the Criminal Law, Civil Law and Constitutional Law. Moreover, medical professionals are expected to be aware about the legal consequences of their medically negligent practices, and they should indulge in ethical practices so as to avoid getting embroiled in controversial situations and litigations. Originality/value The main reasons for unaccountability of medical practitioners include the unwillingness of people to initiate action against medical practitioners and the lack of legal knowledge about the remedies for medical negligence instances. This paper will assist in gather the required legal knowledge.

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12

管靜怡, 管靜怡. "與有過失及醫療過失責任." 月旦醫事法報告 72, no. 72 (October 2022): 113–17. http://dx.doi.org/10.53106/241553062022100072008.

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13

Dey, Bratin Kumar. "Medical Negligence : An Overview." Bengal Journal of Otolaryngology and Head Neck Surgery 25, no. 1 (April 30, 2017): 46–54. http://dx.doi.org/10.47210/bjohns.2017.v25i1.111.

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Medical professionals are treated as next to God. They provide humanitarian services and gives solace to individuals suffering from various diseases and disorders. Due to their great service to humanity, the doctors and medical professionals are treated with reverence and since the ancient times the medical profession has been considered as a noble profession. However with the passage of time, there has been a change in the doctor - patient relationship. During the last few decades a number of incidents have come to light in which the patients have suffered due to the error and inadvertent conduct of doctors. Due to the increasing conflicts and legal disputes between the doctors and patients, most of the legal systems have developed various rules and principles to deal with such inadvertent behavior of doctors. This has led to the development of a new branch of jurisprudence, i.e. medical negligence. Hence, any negligence on part of the medical professional would be treated as either a tort of negligence or a deficiency in service under Consumer Protection Act, 1986. As the profession involves the idea of an occupation requiring purely intellectual skills or of manual skills controlled by the intellectual skill of the operator, it is distinctively different from an occupation, which is substantially production or sale or arrangement for the production or sale of commodities. Medicine is a highly complex domain. It is difficult for consumer laws to review medical negligence cases with flawless technical clarity and accuracy. Thus medical negligence is not purely a matter of consideration for judiciary but also the technical inputs of specialized experts in the field have substantial weightage while deciding the case of medical negligence against doctors. The present paper is devoted to introvert inspection of negligence in medical profession in the light of existing laws with more emphasis on the interpretation of consumer protection law by judiciary.

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14

Blackie, John W. G. "Medical Negligence in Scotland." European Journal of Health Law 3, no. 2 (1996): 127–41. http://dx.doi.org/10.1163/157180996x00031.

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15

Mulcahy, Linda. "Mediating Medical Negligence Claims." Clinical Risk 6, no. 3 (May 2000): 131–32. http://dx.doi.org/10.1177/135626220000600311.

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16

Simanowitz, Arnold. "Mediation in Medical Negligence." AVMA Medical & Legal Journal 4, no. 2 (March 1998): 63–65. http://dx.doi.org/10.1177/135626229800400208.

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17

Maurice-Williams, R. S. "Medical Negligence and Neurosurgery." British Journal of Neurosurgery 3, no. 2 (January 1989): 143–46. http://dx.doi.org/10.3109/02688698909002788.

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18

Havard, J. D. "Doctors and medical negligence." BMJ 300, no. 6721 (February 10, 1990): 343–44. http://dx.doi.org/10.1136/bmj.300.6721.343.

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19

Pell, A. C. H., and B. R. Walker. "Doctors and medical negligence." BMJ 300, no. 6726 (March 17, 1990): 747. http://dx.doi.org/10.1136/bmj.300.6726.747.

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20

Davis, J. A. "Doctors and medical negligence." BMJ 300, no. 6726 (March 17, 1990): 747. http://dx.doi.org/10.1136/bmj.300.6726.747-a.

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21

Kelly, J. "Doctors and medical negligence." BMJ 300, no. 6726 (March 17, 1990): 747. http://dx.doi.org/10.1136/bmj.300.6726.747-b.

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22

Jenkins, G. C. "Book Review: Medical Negligence." Medicine, Science and the Law 32, no. 3 (July 1992): 274. http://dx.doi.org/10.1177/002580249203200321.

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23

Schofield. "Medical negligence in coloproctology." Colorectal Disease 1, no. 2 (March 1999): 60–63. http://dx.doi.org/10.1046/j.1463-1318.1999.00027.x.

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24

Rosoff, Arnold J. "Medical and hospital negligence." Journal of Legal Medicine 11, no. 1 (March 1990): 115–19. http://dx.doi.org/10.1080/01947649009510821.

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25

Samuels, Alec. "Book Review: Medical Negligence." Medicine, Science and the Law 30, no. 4 (October 1990): 359–60. http://dx.doi.org/10.1177/106002809003000418.

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26

Brahams, Diana. "Book Review: Medical Negligence." Medico-Legal Journal 61, no. 1 (March 1993): 54–55. http://dx.doi.org/10.1177/002581729306100109.

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27

Brahams, Diana. "Book Review: Medical Negligence." Medico-Legal Journal 62, no. 4 (December 1994): 210. http://dx.doi.org/10.1177/002581729406200407.

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28

Brahams, Diana. "Book Review: Medical Negligence." Medico-Legal Journal 64, no. 1 (March 1996): 42. http://dx.doi.org/10.1177/002581729606400106.

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29

Lewis, Charles J. "Limitation and Medical Negligence." Medico-Legal Journal 65, no. 2 (June 1997): 86–98. http://dx.doi.org/10.1177/002581729706500204.

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30

Kirby, Michael. "Medical Negligence - Going Dutch." Australian Journal of Forensic Sciences 33, no. 2 (July 2001): 59–60. http://dx.doi.org/10.1080/00450610109410820.

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31

Taylor, A. M., and R. W. Taylor. "Compensation for medical negligence." BMJ 297, no. 6658 (November 12, 1988): 1271. http://dx.doi.org/10.1136/bmj.297.6658.1271-b.

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32

Smith, R. "Fiddling with medical negligence." BMJ 304, no. 6821 (January 25, 1992): 198–99. http://dx.doi.org/10.1136/bmj.304.6821.198-a.

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33

Grubb, Andrew. "Causation and Medical Negligence." Cambridge Law Journal 47, no. 3 (November 1988): 350–52. http://dx.doi.org/10.1017/s0008197300120343.

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34

Maressa, Vincent A. "Medical and Hospital Negligence." JAMA: The Journal of the American Medical Association 263, no. 2 (January 12, 1990): 311. http://dx.doi.org/10.1001/jama.1990.03440020157052.

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35

Gupta, Sanjay Kumar, P. K. Padhi, and Narendra Chouhan. "Medical negligence: Indian scenario." Indian Journal of Neurotrauma 11, no. 2 (December 2014): 126–33. http://dx.doi.org/10.1016/j.ijnt.2014.11.005.

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36

Khong, Dennis W. K., and Wan-Ju Yeh. "Liability from the use of medical artificial intelligence: a comparative study of English and Taiwanese tort laws." F1000Research 10 (December 17, 2021): 1294. http://dx.doi.org/10.12688/f1000research.73367.1.

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Background: Modern artificial intelligence applications are appearing in healthcare and medical practices. Artificial intelligence is used both in medical research and on patients via medical devices. The aim of this paper is to examine and compare English and Taiwanese tort laws in relation to medical artificial intelligence. Methods: The methodologies employed are legal doctrinal analysis and comparative law analysis. Results: The investigation finds that English tort law treats wrong diagnostic or wrong advice as negligent misstatement, and mishaps due to devices as a physical tort under the negligence rule. Negligent misstatement may occur in diagnosis or advisory systems, while a negligent act may occur in products used in the treatment of the patient. Product liability under English common law applies the same rule as negligence. In Taiwan, the general principles of tort law in Taiwan’s Civil Code for misstatement and negligent action apply, whereas the Consumer Protection Act provides for additional rules on product liability of traders. Conclusions: Safety regulations may be a suitable alternative to tort liability as a means to ensure the safety of medical artificial intelligence systems.

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37

Park, Da-Rae. "Review of the obligation to pay medical expenses in the case of restrictions on liability for medical litigation: Focusing on the court ruling." Wonkwang University Legal Research Institute 27 (June 30, 2022): 27–53. http://dx.doi.org/10.22397/bml.2022.27.27.

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In the case of medical malpractice litigations, even if the hospital's negligence is admitted, in most cases restriction on liability is admitted. Since the medical expenses are in return for medical practice, the hospital can claim it when the medical practice is performed according to the contents delegated. In the event of a medical malpractice, if the hospital is not negligent, or if it is completely responsible, it is clear whether the mandate has been fulfilled. But in case of restriction on liability, it is not clear whether or not a medical fee can be claimed. In many cases, courts judge that there is no obligation to pay the total medical expenses regardless of the liability limit rate, while in most cases, medical expenses are calculated by reflecting the liability limit rate. If the obligation to pay medical expenses is judged differently depending on whether it is a claim for damages or a medical expense lawsuit, an unreasonable situation may occur in which the obligation to pay medical expenses is judged differently depending on the timing of payment of medical expenses. If the patient's negligence contributes, the ratio of negligence should be reflected in the medical expenses according to the law of comparative negligence. If the risk of the disease itself is high or the patient's constitutional predisposition limits liability, the proportion of the factor's contribution in terms of fair and reasonable sharing of damages should be reflected in the claim.

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38

Oyebode, Femi. "Clinical errors and medical negligence." Advances in Psychiatric Treatment 12, no. 3 (May 2006): 221–27. http://dx.doi.org/10.1192/apt.12.3.221.

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This article discusses the definition, nature and origins of clinical errors and potential means of prevention. The relationship between clinical errors and medical negligence is examined, as are the characteristics of litigants and events that prompt litigation. Legal aspects of medical negligence are outlined and clinical situations most commonly associated with negligence claims are described. Probably no more than 1 in 7 adverse events in medicine results in a negligence claim and the factors that predict whether patients will resort to litigation include a prior poor relationship with the clinician and the feeling that they are not being kept informed. The actual rate of negligence claims in psychiatry is unknown, but it is rising. Clinicians must therefore be aware of the risks and of which areas of practice are most risky.

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39

Mohd Mokhtar, Maizatul Farisah. "Medical Negligence Dispute in Malaysia: Choosing Mediation as the Best Constructive Approach to Address the Paradoxes in Medical Negligence Claims." European Journal of Interdisciplinary Studies 2, no. 2 (April 30, 2016): 202. http://dx.doi.org/10.26417/ejis.v2i2.p202-211.

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In professional negligence the most challenging and arduous is medical negligence, which consists of various claims. Medical negligence will usually involve doctors and other medical practitioners. In medical negligence the claimant is allowed to bring a personal injury claim to a court which has the jurisdiction under adversarial system. However it is evident from reported cases that medical negligence claims were mostly unsuccessful. The reason lies on the notion of the burden of proof, which cast a heavy burden on the plaintiff according to the fault system. In medical negligence claims, plaintiffs will more often than not, find it very difficult to discharge their burden of proof. In most countries, professional negligence claims are recommended to be dealt with by way of mediation under Alternative Dispute resolution (ADR). Mediation is believed to be easier than litigation and is less complicated. Malaysia is among those countries which has enhanced significantly the utility of ADR. This paper will endeavour to address the problems in proving medical negligence cases by using one of the strongest tools of ADR which is mediation.

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40

Mohd Mokhtar, Maizatul Farisah. "Medical Negligence Dispute in Malaysia: Choosing Mediation as the Best Constructive Approach to Address the Paradoxes in Medical Negligence Claims." European Journal of Interdisciplinary Studies 4, no. 2 (April 30, 2016): 202. http://dx.doi.org/10.26417/ejis.v4i2.p202-211.

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In professional negligence the most challenging and arduous is medical negligence, which consists of various claims. Medical negligence will usually involve doctors and other medical practitioners. In medical negligence the claimant is allowed to bring a personal injury claim to a court which has the jurisdiction under adversarial system. However it is evident from reported cases that medical negligence claims were mostly unsuccessful. The reason lies on the notion of the burden of proof, which cast a heavy burden on the plaintiff according to the fault system. In medical negligence claims, plaintiffs will more often than not, find it very difficult to discharge their burden of proof. In most countries, professional negligence claims are recommended to be dealt with by way of mediation under Alternative Dispute resolution (ADR). Mediation is believed to be easier than litigation and is less complicated. Malaysia is among those countries which has enhanced significantly the utility of ADR. This paper will endeavour to address the problems in proving medical negligence cases by using one of the strongest tools of ADR which is mediation.

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41

Edwards, Simon. "Medical manslaughter: a recent history." Bulletin of the Royal College of Surgeons of England 96, no. 4 (April 2014): 118–19. http://dx.doi.org/10.1308/rcsbull.2014.96.4.118.

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While it remains rare that a healthcare professional is struck off or prosecuted for clinical negligence, criminal prosecutions for medical negligence through the offence of gross negligence manslaughter are even rarer. Although few in number, these cases are often the subject of intense media attention and show a trend towards increasingly severe sentences, with the most recent cases involving custodial terms. The ramifications of recent rulings for healthcare professionals could be profound.

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42

Snowdon, John. "Medical negligence litigation. Medical assessment of claims." Medical Journal of Australia 152, no. 2 (January 1990): 103. http://dx.doi.org/10.5694/j.1326-5377.1990.tb124482.x.

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43

Zainal, Hafizah, Hazdalila Y. Razali, Jesmine Khan, and Mohammed N. Islam. "Medical Negligence–Legal Narrative and Prevention in Malaysian Medical Practice." INTERNATIONAL JOURNAL OF ETHICS, TRAUMA & VICTIMOLOGY 6, no. 02 (December 25, 2020): 22–25. http://dx.doi.org/10.18099/ijetv.v6i02.6.

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Medical negligence cases in Malaysia are not far behind from other developed countries in terms of quantity and costs. The challenges of medical negligence in Malaysia have always been an enemy to both patients and doctors. Both parties may lose more than they gain from the adversarial adventure of medical litigation. Hence prevention of medical negligence is the best effort in ensuring the best medical practice for both parties. Practicing ethical medical practice and improving communication with the patient is some of the methods to avoid getting sued. If this fails, alternatives to medical litigation such as alternative dispute resolution in the form of mediation and no-fault compensation scheme. These alternatives may offer more to both parties rather than going through the litigation process.

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44

Onyemelukwe, Cheluchi. "Medical Negligence & the Law." BeyHealth Quarterly Journal, no. 1 (May 1, 2018): 12–14. http://dx.doi.org/10.32644/bhqj18.004.

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45

Agrawal, Amit. "Medical negligence: Indian legal perspective." Annals of Indian Academy of Neurology 19, no. 5 (2016): 9. http://dx.doi.org/10.4103/0972-2327.192889.

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46

Powers, Michael, and Anthony Barton. "Introduction to Medical Negligence Law." AVMA Medical & Legal Journal 1, no. 1 (January 1995): 37–39. http://dx.doi.org/10.1177/135626229500100112.

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47

Leigh, Sarah. "The Woolf Inquiry: Medical Negligence." Clinical Risk 1, no. 5 (September 1995): 178–79. http://dx.doi.org/10.1177/135626229500100505.

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48

Ferguson, Pamela R. "Medicinal Products and Medical Negligence." AVMA Medical & Legal Journal 2, no. 5 (September 1996): 168–71. http://dx.doi.org/10.1177/135626229600200510.

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49

Woolf, Lord. "Changing Landscapes in Medical Negligence." AVMA Medical & Legal Journal 3, no. 6 (November 1997): 202–4. http://dx.doi.org/10.1177/135626229700300608.

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50

Fiscina, Sal, Lawrence H. Brenner, and Laura Forese. "The Spine and Medical Negligence." Journal of Bone and Joint Surgery-American Volume 82, no. 2 (February 2000): 298–99. http://dx.doi.org/10.2106/00004623-200002000-00027.

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