Relevant bibliographies by topics / Medical personnel – Malpractice

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Medical personnel – Malpractice'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Medical personnel – Malpractice"

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Meirosa, Zara Shelli. "Implementation Of Criminal Actions Against Malpractice By Medical Personnel." Ius Poenale 2, no. 1 (March 17, 2021): 63–74. http://dx.doi.org/10.25041/ip.v2i1.2210.

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Providing health services to the community is very important, where every community must get proper health services and according to permission from the government. However, in terms of providing services to the community, things that are not supposed to be done by medical personnel are not uncommon, such as malpractice. Malpractice in the provision of health services by medical personnel is a legal problem that must be addressed immediately. One way is through criminal threats for the perpetrators. In Law Number 36 of 2009 concerning Health, there have been many provisions regarding criminal sanctions for medical personnel who make mistakes in carrying out their health practices. This action must be assessed in terms of criminal law to impose sanctions on perpetrators who have committed malpractice. The research method used in this study uses a normative approach method. Normative research is legal research, carried out by examining library materials or secondary data as the necessary material to be studied by searching for the regulations and literature related to the problem under study. The approach to the problem used is the statutory approach. The results of this study answer that the types of malpractice committed by medical personnel are when in malpractice, in addition to actions that are considered negligence, some actions are included in the category of deliberate action and violating the law, the existence of an act, due to serious injury, the causal relationship between severe injuries and forms of action, the existence of forms of actions and the existence of consequences: wounds that cause disease; and injuries which prevent him from carrying out occupational work, or searching for a specified time. Malpractice that is done intentionally is a form of pure malpractice, including in criminal malpractice. Furthermore, the legal consequence of malpractice committed by medical personnel is the emergence of criminal liability for medical personnel as legal subjects which are closely related to proving someone's actions (medical personnel) to be included in the criminal malpractice category if the act fulfills the formulation of criminal offenses. Therefore, the imposition of criminal sanctions against medical personnel who commit malpractice can be punished. This research suggests that law enforcement officials should take an active role in handling malpractice cases in health services
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Lajar, Julius Roland, Anak Agung Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis." Jurnal Interpretasi Hukum 1, no. 1 (August 18, 2020): 7–12. http://dx.doi.org/10.22225/juinhum.1.1.2177.7-12.

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Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.
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Prestiana, Yuan Okta. "ASPEK PERTANGGUNGJAWABAN TENAGA MEDIS NON AHLI ATAS TERJADINYA MALPRAKTIK DALAM OPERASI BESAR (Analisis Putusan Pengadilan Negeri Madiun Nomor 5/Pdt.G/2015)." Res Judicata 3, no. 2 (November 1, 2020): 118. http://dx.doi.org/10.29406/rj.v3i2.2248.

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Malpractice cases have always been the most frequently encountered problems in health law and health services. Malpractice occurs due to violations of rules by medical personnel. One form of violation that occurred was the implementation of large operations by non-skilled medical personnel. This legal research analyzes the forms of accountability of non-skilled medical personnel in the event of malpractice in major operations. The method used in this study is normative legal research using the statutory approach, conceptual approach and case approach. The results showed that the accountability of medical personnel who were not a team of experts when carrying out major operations included civil liability and criminal liability.
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Rini Apriyani, Erna Susanti, Poppilea Erwinta, Kalen Sanata, and Muh. Sakur Edwarni. "Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 85–106. http://dx.doi.org/10.31599/krtha.v18i1.1615.

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The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors to patients in anticipating and dealing with medical malpractice problems in criminal cases. The research method used in this study is doctrinal, where the author collects material from the literature, both hardcopy and softcopy, which is related to the title of this research by using an analysis of the research object. Criminal malpractice occurs when a patient dies or is disabled and/or seriously injured as a result of actions taken by health workers who are careless or less careful in making efforts to treat patients who die or are disabled and are criminally liable as a result of medical malpractice acts committed. doctors on patients can be accounted for under Article 359 and Article 360 of the Criminal Code. In this case the health law is considered insufficient and does not clearly regulate the crime of medical malpractice. So it is necessary to regulate the crime of medical malpractice by giving birth to a new health law, namely by explicitly regulating criminal liability for medical malpractice acts by doctors against patients in Indonesia.
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Putra, Kadek Ayu Putri Dharma, Sagung Putri ME Purwani, Devi Fitriyastanti, and Silvia Anitasari. "Education for Medical Personnel Malpractice: A Literature Review." Jurnal Penelitian Pendidikan IPA 9, no. 9 (September 25, 2023): 521–30. http://dx.doi.org/10.29303/jppipa.v9i9.4360.

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Doctors who adhere to professional standards, service standards, and standard operating procedures can generally expect legal protection in their medical practice. Following established protocols and guidelines helps ensure that doctors provide care within accepted norms, reducing the likelihood of malpractice allegations. This is a literature review study that analyzed the literature related to the malpractice law. The initial involved searching various databases, including MEDLINE via PubMed, Scopus, and Web of Science from April to May,2023. This search was performed using specific terms, namely doctor, dentist, malpractice, and Indonesian laws. The literature search yielded a total 153 citation (Fig. 1). Upon completion of title and abstract screening, 75 full-texts were deemed potentially relevant and reviewed. Subsequently, 21 documents fulfilled our eligibility criteria and were included. The Medical Council of Indonesia (MKDKI) has the authority to examine complaints related to the discipline of doctors and dentists and determine whether any mistakes were made in the application of medical and dental disciplines. The decisions made by MKDKI can have implications for the professional standing and disciplinary actions against doctors.
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Franchuk, Valentyn, Mykola Melnik, and Vitalii Zozulia. "Forensic-medical evaluation of improper medical care, provided by the nursing personnel." Forensic-medical examination, no. 2 (December 17, 2017): 40–46. http://dx.doi.org/10.24061/2707-8728.2.2017.10.

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A retrospective review of all alleged medical malpractice cases between 2007 and 2016 handled at Ternopil, Zhytomir and Chernivtsi Regional Bureaus of Forensic medical Examination, was performed. Peculiarities of improper medical care provided by nursing staff were studied on the base of the reports of Commission Forensic medical Examination. Lacks of health care provision committed by nurses were detected in 11,7% of the cases. The study showed that unjustifiable medical care occurred as usual in policlinics and ambulatories. 8 types of nursing mistakes were determined. Unintentional medical care was confirmed by forensic medical expert commission as a rule in diagnostics, medical procedures or medical treatment. Insufficient or incomplete medical care provided by nursing personnel seemed more frequently. Nursing errors were caused by subjective reasons in almost 44,8% of the alleged medical malpractice cases. All these reasons were stipulated by poor quality of medical staff. Dereliction of duty by the nursing personnel that was strongly connected with causal relationship between the damage claimed by the patient and unskilful medical care was revealed in 13,8% of the cases.
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Qomariyah, Selly Ismi, Y. A. Triana Ohoiwutun, and Sapti Prihatmini. "Tindak Pidana Kelalaian Menyebabkan Luka yang Dilakukan oleh Dokter Gigi: Analisis Putusan Nomor: 257/Pid.B/2015/PN.Dps." Lentera Hukum 5, no. 3 (December 31, 2018): 465. http://dx.doi.org/10.19184/ejlh.v5i1.6761.

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There is a substantial difference between the ordinary crime related to its results and that related to its causes. In order to classified as a crime, the negligence carried out by medical personnel needs to be previously described regarding the fulfillment of the elements of lawlessness. This paper analyzes whether there is medical malpractice and with the following lawlessness in the court decision number 257/Pid.B/2015/PN.Dps. Throughout the analysis, it will provide a comprehension to the qualification of whether malpractice, medical negligence or medical risk. The result of the study finds that such a crime can be qualified to medical malpractice, even though he did not fulfill the nature against formal law but it meets the element of nature against material law. Keywords: Medical Malpractice, Lawlessness, Crime
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ERİŞ, Hüseyin, and Filiz KIROĞLU. "CRIMINAL RESPONSIBILITIES OF PHYSICIANS IN MEDICAL MALPRACTICE." ATLAS JOURNAL 7, no. 44 (September 24, 2021): 2227–42. http://dx.doi.org/10.31568/atlas.783.

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The aim of this study is to determine the criminal responsibilities of health workers in the relevant laws on medical malpractice in the health sector and to reveal the factors in the formation of medical malpractice. This study is a descriptive study. With the information obtained as a result of the Turkish Penal Code No. 5237, the Law No. 1219 on the Practice of the Style of Medicine and Medical Arts, the Law No. 1593 on Public Health, the Law on the Turkish Medical Association No. 6023, the Turkish Code of Obligations, the Patient Rights Regulation and literature reviews, the medical malpractice of health workers criminal liability has been compiled. In recent years, serious educational studies have been carried out on the subject of medical malpractice and information activities have been carried out on this subject both to health workers and patients. Especially when the awareness about medical malpractice started to increase in patients and their relatives, serious lawsuits were filed against health personnel due to simple mistakes made. Health workers have to defend themselves in the face of these lawsuits. Because serious steps have not been taken yet on Medical Malpractice in the Turkish Penal Code. For this reason, both the court committee, the patient, the health institution and its employees face some difficulties in this process. In particular, healthcare professionals are faced with a serious lack of knowledge about the criminal liability of medical malpractice. Since the laws regarding the health law in our country are not fully regulated, these cases can only be heard in a lawsuit to be opened due to the fault of the health personnel, according to the provisions of the Turkish Penal Code and the Code of Obligations. These lawsuits are carried out in the form of criminal cases, material and moral compensation cases. Therefore, the litigation process may take longer. For this reason, special arrangements to be made regarding medical malpractice in the field of health law will be important in concluding such cases as soon as possible by ensuring that such cases are handled more objectively in terms of the defendant and the plaintiff. It is necessary to determine the rights and duties of both patients and healthcare professionals by carrying out a study with broad participation by health sector representatives, especially lawyers, in order to overcome this deficiency.
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Dewar, Callum D., Jason H. Boulter, Brian P. Curry, Dana M. Bowers, and Randy S. Bell. "The changing landscape of military medical malpractice: from the Feres Doctrine to present." Neurosurgical Focus 49, no. 5 (November 2020): E7. http://dx.doi.org/10.3171/2020.8.focus20594.

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Medical malpractice suits within the military have historically been limited by the Feres Doctrine, a legal precedent arising from a Supreme Court decision in 1950, which stated that active-duty personnel cannot bring suit for malpractice against either the United States government or military healthcare providers. This precedent has increasingly become a focus of discussion and reform as multiple cases claiming malpractice have been dismissed. Recently, however, the National Defense Authorization Act of 2020 initiated the first change to this precedent by creating an administrative body with the sole purpose of evaluating and settling claims of medical malpractice within the military’s $50 billion healthcare system. This article seeks to present the legal history related to military malpractice and the Feres Doctrine as well as discuss the potential future implications that may arise as the Feres Doctrine is modified for the first time in 70 years.
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Asram AT Jadda. "PERLINDUNGAN HUKUM TERHADAP PASIEN SEBAGAI KONSUMEN JASA PELAYANAN KESEHATAN." Madani Legal Review 1, no. 1 (June 15, 2017): 1–28. http://dx.doi.org/10.31850/malrev.v1i1.38.

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This research is about “legal protection for patient as health service consumer”. It belongs ti the juridical normative research, describing the provisions in law and regulation, in relation to the fact in the field, then conducting analysis by comparing the existing ideal values in law and regulation with the fact in the field. Therefore, it conducted library research supported with field research provides knowledge on the difference between as sollen and das sein.The research conducts document study and field research. Document study is data collecting from bibliography such as law and regulation, book, magazine, document, and also articles relevant with this research tipic. Field research collects data by direct observation in the field to look for the relevant information througt direct using interview guideline and questionnaire. Respondents are selected using purposive sampling method.Generally, legal protection for medical patient in Faisal Islamic Medical Centre (RSI Faisal) Ujung Pandang is still low. It can be shown from the fact that medical action which may cause patient’s health hazard or death are still untouched by law. Poor protection can also be seen from the difficulty to ask hospital/doctor/ medical personnel to be responsible for patient heath condition hazard or death because of doctor/medical personnel malpractice. Poor protection to the patien is caused by there is no equality before the law between doctor/medical personnel and patient. Poor protection to the patient also caused by the absence of malpractice act which is supposed to be the base for settling malpractice committed doctor/medical personnel.
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Dissertations / Theses on the topic "Medical personnel – Malpractice"

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Margretz, Jason. "The effect of medical malpractice award amount on health a cross-sectional review of 1998 state data /." Auburn, Ala., 2007. http://repo.lib.auburn.edu/2007%20Spring%20Theses/MARGRETZ_JASON_24.pdf.

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Gibson, James Bryan Beil Richard O. "Medical malpractice and tort reform effects on the death rate, a 2004 cross-sectional analysis /." Auburn, Ala, 2009. http://hdl.handle.net/10415/1823.

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Ding, Chunyan, and 丁春艳. "Medical negligence law in transitional China: a patient in need of a cure." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B43913696.

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Rodriguez, Peña Pilar. "Le caractère contractuel de la responsabilité civile médicale : étude comparée droit chilien - francais." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020022.

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Cette étude se référera au caractère contractuel de la responsabilité civile médicale en droit chilien comparé avec le droit français. Je commencerai donc par une analyse historique de la privatisation de la santé et du phénomène de la contractualisation de l’activité sanitaire au Chili. Le principal problème a été que les demandeurs ont échappé au caractère contractuel de la responsabilité et ce principalement à cause du problème du cumul des responsabilités. Ce problème présent en droit chilien peut être résolu à travers une étude approfondie du contrat médical, de ses conditions d'existence et de validité, de ses principales caractéristiques et des différentes théories qui ont tenté d'expliquer sa nature juridique. Nous analyserons également les cas où la relation médicale initiale n'a pas pour source le contrat médical, bien qu’il ait de toute façon été considéré par la jurisprudence et la doctrine comme ayant un caractère contractuel. Nous étudierons dans le même temps les différentes théories qui ont eu comme finalité de contractualiser la responsabilité des centres hospitaliers, tant publics que privés, par le fait de leurs salariés, pour ainsi éviter que la responsabilité de ces centres devienne effective conformément aux normes de la responsabilité extracontractuelle
The contractual nature of the medical liability had no the same interest in chilean law that french law. However, the increasing privatization of health and the phenomenon of contracting activity for Chilean takes us a deal to make a further study to determinate the contours from the French law. The main problem was that the applicants have escaped the contractual liability and mainly because of the problem of overlapping responsibilities. This problem present in chilean law can be resolved through a thorough study of the medical contract, the conditions of its existence and validity of its main characteristics and different theories have attempted to explain its legal nature and it provide a legal regime that atypical contracts. On the other hand we have to deal with all cases where the initial medical relationship does not source the medical contract, although it has been considered anyway by courts and commentators as having a contractual, and why try to analyze the different theories that have had the purpose of contractualize responsibility for private and public hospitals,, by the fact of their employees, to avoid the responsibility of these centers become effective in accordance with standards of tort
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徐秀玲. "論醫療事故的法律性質 : 合同及非合同責任." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580085.

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Roberts, Brandon A. "Medical malpractice : Effects of local litigation disparities on local medical costs and physician supply /." 2005. http://proquest.umi.com/pqdweb?did=1407486031&sid=1&Fmt=2&clientId=10361&RQT=309&VName=PQD.

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Hugo, Etienne de Villiers. "The actions for wrongful life, wrongful birth and wrongful conception : a comparative study from a South African perspective." Thesis, 2000. http://hdl.handle.net/2263/27473.

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Neale, Faith Roberts Eastman Kevin. "Healthcare professional liability insurance an examination of the national and Florida markets /." 2004. http://etd.lib.fsu.edu/theses/available/etd-07122004-100943.

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Thesis (Ph. D.)--Florida State University, 2004.
Advisor: Dr. Kevin Eastman, Florida State University, College of Business, Dept. of Risk Management and Insurance. Title and description from dissertation home page (viewed Sept. 22, 2004). Includes bibliographical references.
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Scharf, George Michael. "The medico-legal pitfalls of the medical expert witness." Diss., 2014. http://hdl.handle.net/10500/14225.

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The fastest growing field of law is undoubtedly that of Medical Law with the civil and disciplinary cases flowing from it. Globalization, international communication, development and evolution of Law as well as Medicine, cause this worldwide rising medical litigation. Humanitarian rights, post-modern scepticism and even iconoclastic attitudes contribute to this phenomenon. Medico-legal litigation and disciplinary complaints rise (in South Africa) up to 10 per cent per year. To assist the courts and legal profession, in medico-legal issues, helping the parties where the plaintiff has the burden of proof and the defendant for rebuttal, a medical expert witness must be used. The dilemmas and pitfalls arise, in that although knowledgeable medical experts could be used to guide the courts to the correct decision, the lack of a legal mind setting, court procedure and legal knowledge could affect the relevance, credibility and reliability, making the medical evidence of poor quality. The legal profession, deliberately, could “abuse” medical expert witnesses with demanding and coercion of results, which have unrealistic and unreasonable expectations. “Case building” occurs, especially in the adversarial systems of law, making the medical expert vulnerable under cross-examination, when it is shown that the witness has turned into a “hired gun” or is unfair. Thus, lacunae develop, making reasonable cases difficult and a quagmire of facts have to be evaluated for unreasonableness, credibility and appropriateness, compounded by the fact that seldom, cases are comparable. The danger is that the presiding officer could be misled and with limited medical knowledge and misplaced values, could reach the wrong findings. Several cases arguably show that this has led to wrongful outcomes and even unacceptable jurisprudence. The desire to “win” a case, can make a medical witness lose credibility and reasonableness with loss of objectivity, realism and relevance. With personality traits and subjectivity, the case becomes argumentative, obstinate and could even lead to lies. The miasmatic, hostile witness emerges, leading to embarrassing, unnecessary prolongation of court procedures. The medical expert witness should be well guided by the legal profession and well informed of the issues. Medical witnesses should have legal training and insight into the legal and court procedures. At the time of discovery of documents, via arbitration or mediation, medical experts should strive to reach consensus and then present their unified finding, helping the parties fairly and expediting the legal procedure and processes.
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Jhetam, Naeem Ahmed. "Involuntary hospitalisation : the discrepancy between actual practice and legal requirements in the Lentegeur Hospital (Cape Town) catchment area." Thesis, 1993. http://hdl.handle.net/10413/8162.

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The aim of this study was to document the safeguards inherent in the Mental Health Act (MHA) of 1973, and to examine the extent " to which these are observed in practice. The research was conducted at Lentegeur Hospital in Mitchells Plain, Cape Town. The population consisted of 726 certified patients who were admitted involuntarily (i.e. under sections 9 and 12 of the MHA) from 01 January 1990 to 31 December 1990. Data for each of these patients was collected from the admission register, clinical files, administrative files, and the certified post book. In addition, the official hospital statistics were examined. Measurements obtained included demographic data, the validity of the document contents, the validity of the certification process, and an overall measure of the validity of each of t he certifications taking into account both document contents and observance of the time strictures set out in the MHA. Twenty nine patients (4,0%) were admitted by Urgency (Section 12), and 697 (96,0%) on Reception Order (Section 9). The study focused mainly on the Section 9 patients, because of the small sample size for Urgency admissions. It was found that 609 (87,4%) of the 697 admissions were legally flawed in terms of document contents criteria and the time limits in the certification process. Document content criteria were not fulfilled in: 3,0% of the Applications for Reception Order; 32,1% of Medical Certificates; 20,1% of Reception Orders; and 3,6% of Reports to the Attorney-General. In 40,0% of certifications the Report to the Attorney-General (G2/28) could not be traced. Examination of temporal safeguards revealed that the least satisfactory aspect was the delay in the completion of the post-admission Report to the Attorney-General. It was found that 32,3% of these Reports were not submitted on time. Reasons for the discrepancy ("gap") between legal standards and actual practice are discussed. Recommendations are made which could help minimise or eradicate this "gap". These include suggestions for changes in the document format, for the use of a certification booklet, for stricter control of late and inadequate documentation, and for inservice training of all those involved in the certification process.
Thesis (M.Med.)-University of Natal, Durban, 1993.
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Books on the topic "Medical personnel – Malpractice"

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J, Harris Michael, McKenna Mary Jane, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Medical malpractice update. Boston, MA: MCLE, 2007.

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Institute, Pennsylvania Bar. Medical malpractice litigation. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsbug 17055-6903): Pennsylvania Bar Institute, 2003.

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Burt, Charles D. Medical malpractice in Oregon. Eau Claire, WI: National Business Institute, 1988.

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Hooper, Ruth J. Medical malpractice in Oregon. Eau Claire, WI: National Business Institute, 1994.

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Florida Bar. Continuing Legal Education., ed. Florida medical malpractice handbook. Tallahassee, Fla: Florida Bar, Continuing Legal Education, 2006.

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Snyder, Dean E. Medical malpractice digest. Rochester, N.Y: Lawyers Cooperative, 1991.

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Remakus, Bernard Leo. The malpractice epidemic: A layman's guide to medical malpractice. Ft. Lauderdale, FL: Ashley Books, 1990.

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Jacobs, George. Professional malpractice. [St. Paul, Minn.]: Thomson/West, 2007.

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Jasper, Margaret C. The law of medical malpractice. Dobbs Ferry, N.Y: Oceana Publications, 1996.

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Jasper, Margaret C. The law of medical malpractice. 2nd ed. Dobbs Ferry, N.Y: Oceana Publications, 2001.

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Book chapters on the topic "Medical personnel – Malpractice"

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Nogaroli, Rafaella, and José Luiz de Moura Faleiros Júnior. "Ethical Challenges of Artificial Intelligence in Medicine and the Triple Semantic Dimensions of Algorithmic Opacity with Its Repercussions to Patient Consent and Medical Liability." In Multidisciplinary Perspectives on Artificial Intelligence and the Law, 229–48. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-41264-6_12.

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AbstractArtificial intelligence algorithms have the potential to diagnose some types of skin cancer or to identify specific heart-rhythm abnormalities as well as (or even better) than board-certified dermatologists and cardiologists. However, one of the biggest fears in the healthcare sector in the Era of AI in Medicine is the so-called black box medicine, given the obscurity in the way information is processed by algorithms. More broadly, it is observed that there are three different semantic dimensions of algorithmic opacity relevant to Medicine: (1) epistemic opacity for the insufficient physicians understanding of the rules an AI system is applying to make predictions and decisions; (2) opacity for the lack of medical disclosure about the AI systems to support clinical decisions and patient’s unawareness that automated decision-making are being carried out with their personal data; (3) explanatory opacity for the unsatisfactory explanation to patients about the technology used to support professional decision-making. Therefore, the aim of this study is to analyze each type of opacity, considering hypothetical scenarios and its repercussions in terms of medical malpractice and patient’s informed consent. From this, it will be defined ethical challenges of using AI in the healthcare sector and the importance of medical education.
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Sygit, Bogusław, and Damian Wąsik. "Patients' Rights and Medical Personnel Duties in the Field of Hospital Care." In Advances in Medical Education, Research, and Ethics, 282–97. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-4666-9658-7.ch012.

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The aim of this chapter is to describe selected universal rights of the patient. The authors specify the seven types of patient rights: the right to appropriate organization of treatment on equal terms, the right to respect patient's dignity and privacy, the right to full and comprehensible information on the state of health, the right of access to medical documentation, the right to self-determination - to agree to provide health care services, the right to respect for private and family life and religion and the right to seek compensation and other benefits in the event of damage to the result of medical malpractice. This classification is the basis to discuss the specifics of each of them with reference to specific examples of their implementation or violations. The chapter specifically addresses the issues such as the obligation to inform the patient of the medical procedure, the legal conditions for the effectiveness of consent to treatment and the principle of access to medical documentation. Presentation of patients' rights is made from the perspective of fulfilling the duties of medical personnel working in hospitals. The authors make extensive use of current case law of the European Court of Human Rights. The undeniable advantage of the publication is to present selected theses of Polish court rulings issued in cases of violation of patient rights.
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Mukhopadhaya, Sagarika, Akash Bag, Pooja Panwar, and Varsha Malagi. "Navigating the Quandaries of Artificial Intelligence-Driven Mental Health Decision Support in Healthcare." In Advances in Computational Intelligence and Robotics, 211–36. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-1565-1.ch012.

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The integration of artificial intelligence (AI) into mental health services is examined in this chapter, highlighting the potential advantages of intelligent decision support systems in reducing the workload of medical personnel and enhancing patient care. However, there are serious worries due to the delicate nature of healthcare and the moral dilemmas brought on by possible malpractice or neglect. Five reoccurring ethical issues are identified and analyzed in this chapter, which includes interviews with healthcare professionals and AI researchers. These challenges are handling inaccurate suggestions, negotiating moral dilemmas, preserving patient autonomy, addressing the liability conundrum, and building trust. The chapter thoroughly analyzes these issues through empirical data and a literature study, illuminating the convoluted ethical terrain at the nexus of AI and mental health.
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Hanna, Joseph Salama, and Ramsey Saad. "Disclosure of Errors to Patients." In Basic Anesthesia Review, edited by Alaa Abd-Elsayed, 824. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/med/9780197584569.003.0338.

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Abstract Physicians have a duty to communicate and disclose complications that result from interventional procedures to the patient; however, this may place the provider in a difficult position. On one hand, the provider is encouraged to disclose adverse outcomes, and his/her human instinct is to empathize with the patient and their families. On the other hand, providers are warned that apologies and disclosures can be seen as inviting lawsuits and lessening the ability to defend oneself if sued. In conclusion, what constitutes a protected apology in the medical setting should be carefully considered and composed; this will often need the help of malpractice insurer personnel, hospital counsel, and, perhaps, the provider’s own legal counsel. Care must be taken that the resulting dialogue does not lose the intended moral and social benefits.
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Weekley, Augustine S. "The Role of Personal Counsel in Malpractice Litigation." In The Medical Malpractice Survival Handbook, 77–90. Elsevier, 2007. http://dx.doi.org/10.1016/b978-032304438-7.50011-5.

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Bussani, Mauro, Anthony J. Sebok, and Marta Infantino. "Recovery for Physical Harm: The Case of Medical Malpractice." In Common Law and Civil Law Perspectives on Tort Law, 51–88. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195368383.003.0003.

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This chapter focuses on medical malpractice as one of the paradigm examples of liability for personal injury. In this field, all the systems studied in the book provide a roughly identical answer to the question of when and to whom the obligation is owed in the context of medical malpractice. But, as this chapter illustrates, beneath relatively similar outcomes lay deep theoretical disagreements about the foundation of liability as well as pragmatic adjustments in the rules of causation and the burden of proof. In this light, the chapter analyzes, in each jurisdiction, the role played by the state in providing medical services as well as compensation for medical injuries, whether medical liability is framed in contract or tort, and the rules governing how legal persons in the medical sector can be held vicariously liable for the injuries brought about by their employees or agents. The chapter further delves into the solutions provided to specific problems of malpractice in treatment and informed consent, analyzing to whom medical providers can be liable (with special regard to wrongful birth and wrongful life cases) and the standard of care required to fulfill their obligations.
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Montgomery, Erwin B. "A Calling to Be Better than Ourselves." In Medical Reasoning, 222–26. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190912925.003.0019.

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It is difficult to name a profession with great authority with so little accountability compared to physicians who have finished supervised training. US Supreme Court justices have lifetime appointments and removal from office is exceedingly rare, nevertheless they are always under the public eye. Analyses demonstrate that the threat of malpractice is a poor tool at best to enforcing best practices. Attempts to establish peer review when used rarely address issues of medical reasoning. Furthermore, the physician shortage often leads to perhaps excessive tolerance for physicians’ actions. Accountability is a clinician’s ethical responsibility by virtue of the ethical principles of respect for autonomy, obligation to beneficence, avoidance of maleficence, and justice. These principles underlie the informed consent that is the basis of the clinician–patient relationship. In the end, it is only the personal commitment of the clinician to the patient that best guarantees that both will be served well.
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Kao, Audiey. "Ethics, Law, and Professionalism: What Physicians Need to Know." In Measuring Medical Professionalism, 39–52. Oxford University PressNew York, NY, 2005. http://dx.doi.org/10.1093/oso/9780195172263.003.0003.

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Abstract A governor and state legislature intervene and order reinsertion of a feeding tube of a woman in a persistent vegetative state A physician informs his patient that a medical error has occurred, despite having serious concerns about the malpractice implications of such a disclosure A federal law setting national standards designed to protect the privacy of personal health care information is passed by the U.S. Congress A patient is asked if she has any further questions about the risks of the surgery before signing the consent form The practice of medicine requires physicians to properly balance ethical principles with legal requirements and liabilities. In some cases, a physician’s ethical duty and legal responsibility are concordant, and thus, the appropriate course of action is relatively clear and straight-forward. For example, a physician needs to provide a patient with all relevant information before soliciting consent for treatment. Thedoctrine of informed consent is supported by the ethical principle of patient autonomy as well as by the legal concept of bodily integrity.
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Merlo, Gia. "Stress, Burnout, and Coping Strategies." In Principles of Medical Professionalism, 179–96. Oxford University Press, 2021. http://dx.doi.org/10.1093/med/9780197506226.003.0010.

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Excessive and prolonged stress can result in physician burnout. Burnout can compromise a physician’s ability to effectively meet the needs of patients, while also having adverse effects on personal health and well-being. Physicians are exposed to a tremendous number of stressors that arise from factors such as time and resource constraints, the complex hierarchy among medical professionals, malpractice claims, and “difficult” patients and treatments. Although burnout is currently considered to be mostly due to external causes, protective mechanisms that physicians can employ to shield themselves are explored. Hans Selye’s model of the general adaptation syndrome is one means that individuals cope with stress, along with Richard Lazarus’s transactional model of stress. Other coping strategies include problem-based coping, the ABC technique, and meditation and mindfulness. Several maladaptive responses may temporarily offer relief but can in the long run prove to be damaging. Finally, online and other digital stress-reduction programs are explored.
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Deb, Lena, Shanaya Desai, Kaitlyn McGinley, Elisabeth Paul, Tamam Habib, Asim Ali, and Stanislaw Stawicki. "Mentorship in Postgraduate Medical Education." In Contemporary Topics in Graduate Medical Education - Volume 2 [Working Title]. IntechOpen, 2022. http://dx.doi.org/10.5772/intechopen.98612.

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Mentorship is critical to the development and professional growth of graduate medical education (GME) trainees. It is a bidirectional relationship between a mentor and a mentee. Mentorship has consistently been shown to be beneficial for both the mentor and mentee, with the mentee gaining valuable skills in education, personal growth, and professional support, and the mentor attaining higher career satisfaction and potentially greater productivity. Yet, there is a lack of research and in-depth analysis of effective mentorship and its role in postgraduate medical education. This chapter outlines different approaches toward mentorship and provides the reader with basic concepts relevant to the effective and competent practice of mentorship. The authors discuss the challenges that physician mentors and mentees face, the organizational models of mentorship, the approaches and techniques for mentorship, and the deleterious effects of mentorship malpractice. Our general discussion touches on best practices for both the mentor and mentee to allow for self-improvement and lifelong learning. The variety of applicable models makes it difficult to measure effectiveness of mentorship in GME, but there is an ongoing need for expanded research on the benefits of mentorship, as greater amount of supporting evidence will likely incentivize organizations to create mentorship-friendly policies and support corresponding institutional changes.
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