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Investigation of litigation in trauma orthopaedic surgery

World Journal of Clinical Cases 2023年第5期11卷 1000-1008页

作者： Maryam Salimi Mohammad Bagher Heidari Zohre Ravandi Seyedarad Mosalamiaghili Peyman Mirghaderi Meisam Jafari Kafiabadi Farsad Biglari Amirhossein Salimi Amir Sabaghzadeh Irani Seyyed Saeed Khabiri Department of Orthopaedic Surgery Shiraz University of Medical SciencesShiraz ***Iran Department of General Surgery Kermanshah University of Medical SciencesKermanshah ***Iran Student Research Committee Kermanshah University of Medical SciencesShiraz ***Iran Student Research Committee Shiraz University of Medical SciencesShiraz 716549834Iran Students’Scientific Research Center(SSRC) Tehran University of Medical SciencesTehran 714356743Iran Clinical Research Development Unit of Shohada-e Tajrish Hospital Shahid Beheshti University of Medical SciencesTehran 715643498Iran Student Research Committee Shahid Sadoughi University of Medical SciencesYazd 719167534Iran

BACKGROUND It has been said that the number of orthopaedic claims has increased in the last few years. Investigation through the most prevalent cause would help to prevent further cases.AIM To review the cases of medical complaints in orthopedic patients who had been involved in a traumatic accident.METHODS A retrospective multi-center review of trauma orthopaedic-related malpractice lawsuits from 2010 to 2021 was conducted utilizing the regional medicolegal database. Defendant and plaintiff characteristics along with fracture location, allegations, and litigation outcomes were investigated.RESULTS A total of 228 claims referred to trauma-related conditions with a mean age of 31.29 ± 12.56 were enrolled. The most common injuries were at hand, thigh, elbow, and forearm, respectively.Likewise, the most common alleged complication was related to malunion or nonunion. In 47% of the cases, the main problem that led to the complaint was the inappropriate or insufficient explanation to the patient, and in 53%, there was a problem in the surgery. Eventually, 76% of the complaints resulted in a defense verdict, and 24% resulted in a plaintiff verdict.CONCLUSION Surgical treatment of hand injuries and surgery in non-educational hospitals received the most complaints. The majority of litigation outcomes were caused by a physician’s failure to fully explain and educate the traumatic orthopedic patients and technological errors.

关键词： Clinical negligence litigation Medicolegal claims Mismanagement Patient satisfaction

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Medical malpractice litigation involving otolaryngology residents and fellows:A case-based 30-year review

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World Journal of Otorhinolaryngology 2022年第1期9卷 1-11页

作者： Neeraj V Suresh Viraj N Shah Christian G Fritz Jessica R Griff Shreni Shah Arjun Watane Ravi S Parikh Elizabeth A Nicolli Department of Otorhinolaryngology-Head and Neck Surgery University of PennsylvaniaPhiladelphiaPA 19107United States Department of Otolaryngology-Head and Neck Surgery University of Miami Miller School of MedicineMiamiFL 33136United States Morsani College of Medicine University of South FloridaTampaFL 33612United States Department of Ophthalmology and Visual Science Yale School of MedicineNew HavenCT 06510United States Department of Ophthalmology NYU Grossman School of MedicineNew YorkNY 10016United States

BACKGROUND Errors,misdiagnoses,and complications can occur while trainees are involved in patient care.Analysis of such events could reveal areas for improvement by residency and fellowship programs.AIM To examine lawsuits tried at the state and federal level involving otolaryngology trainees.METHODS The LexisNexis database,an online legal research database containing state and federal case records from across the United States,was retrospectively reviewed for malpractice cases involving otolaryngology residents or fellows from January 1,1990 to December 31,2020.Case data collected:Plaintiff/trainee/defendant characteristics,allegations,medical outcomes,and legal outcomes.RESULTS Over the study period,20 malpractice lawsuits involving otolaryngology trainees were identified.Plaintiffs raised numerous allegations including procedural error(n=12,25.5%),incorrect diagnosis and/or treatment(n=8,17.0%),and lack of knowledge of trainee involvement(n=6,12.8%).Nine cases(45%)had verdicts in favor of the plaintiff,whereas 5 cases(25%)had verdicts in favor of the defense.Six cases(30%)ended in a settlement.Awards to plaintiffs were heterogenous,with a median of$617,500(range$32K-17M)for settled cases and verdicts favoring plaintiffs.CONCLUSION The findings enclosed herein represent the first published analysis of trainee involvement in otolaryngology malpractice cases held at the state/federal level.Otolaryngology trainees can be involved in lawsuits for both procedural and nonprocedural events.This study highlights the importance of education specifically in the domains of procedural errors,informed consent,proper diagnosis/management,and clear communication within patient care teams.Training programs should incorporate these study findings into effective simulation courses and didactic sessions.Educating trainees about common pitfalls holds the promise of decreasing healthcare systems costs,reducing trainee burnout,and,most importantly,benefiting patients.

关键词： Malpractice Otolaryngology Education Trainees litigation Quality improvement

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Corporate litigation,Reputation and Top Executive Turnover-Considering the Moderating Roles of Political and Legal Conditions

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Journal of Donghua University(English Edition) 2020年第2期37卷 173-180页

作者：王璐赵晓康 Glorious Sun School of Business and Management Donghua UniversityShanghai 200051China

With the rapid development of China's economy,more and more listed companies have to face frequent corporate litigation.As corporate lawsuits are on the rise,it is necessary to study the measures taken by the company when a corporate litigation occurs.Some scholars'research indicates that top executive turnover may be one of the countermeasures,but few scholars have discussed this issue in the Chinese market.Our research uses 13435 samples of Chinese market,takes the company's reputation as an observing point,and studies the relationship between corporate litigation and top executive turnover.In addition,due to the special political environment and the large differences in the legal environment between different provinces in China,we have further explored the moderating role of political conditions and legal conditions.It is worth mentioning that our empirical research method is the propensity score matching(PSM),and by this way we can easily avoid sample selectivity bias.Finally,a robust experimental conclusion is obtained:corporate litigation and top executive turnover are significantly positively correlated,and this correlation will be adjusted by political and legal conditions.Our research enriches the field of corporate litigation and also have certain guiding significance for the social construction of the rule of law in China.

关键词： company litigation reputation top executive change propensity score matching(PSM)

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Diffusion tensor imaging in the courtroom:Distinction between scientific specificity and legally admissible evidence

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World Journal of Clinical Cases 2023年第19期11卷 4477-4497页

作者： Jennifer Christine van Velkinburgh Mark D Herbst Stewart M Casper Science Communication Filipodia Publishing LLCSanta FeNM 87505United States Diagnostic Radiology Independent Diagnostic Radiology IncSt PetersburgFL 33711United States Personal Injury Law Casper&DeToledo LLCStamfordCT 06905United States

Interest and uptake of science and medicine peer-reviewed literature by readers outside of a paper’s topical subject,field or even discipline is ever-expanding.While the application of knowledge from one field or discipline to others can stimulate innovative solutions to problems facing modern society,it is also fraught with danger for misuse.In the practice of law in the United States,academic papers are submitted to the courts as evidence in personal injury litigation from both the plaintiff(complainant)and defendant.Such transcendence of an academic publication over disciplinary boundaries is immediately met with the challenge of application by a group that inherently lacks in-depth knowledge on the scientific method,the practice of evidence-based medicine,or the publication process as a structured and internationally synthesized process involving peer review and guided by ethical standards and norms.A modern-day example of this is the ongoing conflict between the sensitivity of diffusion tensor imaging(DTI)and the legal standards for admissibility of evidence in litigation cases of mild traumatic brain injury(mTBI).In this review,we amalgamate the peer-reviewed research on DTI in mTBI with the court’s rationale underlying decisions to admit or exclude evidence of DTI abnormalities to support claims of brain injury.We found that the papers which are critical of the use of DTI in the courtroom reflect a primary misunderstanding about how diagnostic biomarkers differ legally from relevant and admissible evidence.The clinical use of DTI to identify white matter abnormalities in the brain at the chronic stage is a valid methodology both clinically as well as forensically,contributes data that may or may not corroborate the existence of white matter damage,and should be admitted into evidence in personal injury trials if supported by a clinician.We also delve into an aspect of science publication and peer review that can be manipulated by scientists and clinicians to publish an opinion piece and misrepresent it as

关键词： Diffuse axonal injury Mild brain injury Magnetic resonance imaging Neuroimaging Medicolegal litigation Medical jurisprudence Ethics Peer review Publishing

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The Role of Medical Literature, Clinical Trials and Experimental Research in Drug Product-Injury litigation: A Primer with Two Examples

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Pharmacology & Pharmacy 2018年第6期9卷 208-227页

作者： Jan M. Kitzen Joseph V. Pergolizzi Jr. Robert Taylor Jr. Robert B. Raffa Kitzen Pharmaceutical Consulting Collegeville USA Temple University School of Medicine Philadelphia USA NEMA Research Inc. Naples USA University of Arizona College of Pharmacy Tucson USA Temple University School of Pharmacy PhiladelphiaUSA

When any type of product has been ordered to be removed from the marketplace by a governmental regulatory body, that action is a powerful indicator that the product has been determined to be unsafe for further use, thereby branding the product as defective and opening up the possibility of product liability litigation. When the product is a drug or medical device, it is especially serious since the possibility of personal injury (acute and/or chronic) or death may occur. Needless to say, in these situations, product injury litigation will almost surely follow. We review the definition and requisite claims needed to establish drug product liability, and the role that the medical literature, clinical trial data, and even experimental research data can play in product (drug)-injury litigation. We show how each of these resources played a significant role in two well-known cases: Fen-Phen and thimerosal. The ultimate goal of such knowledge is to make better informed decisions about drug safety.

关键词： Drug Safety Product Quality Injury litigation Fen-Phen Thimerosal

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THE OPTIMIZATION PATH OF THE DISCRETIONARY REQUIREMENTS OF CHINA'S ENVIRONMENTAL litigation INJUNCTION

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China Legal Science 2019年第1期7卷 147-158页

作者：李婷 the People’s Court of Qiaokou District in Wuhan City of Hubei Province

The 19th National Congress of the Communist Party of China pointed out that the construction of ecological civilization is a millennium plan for the sustainable development of the Chinese nation.Constructing ecological civilization and adhering to green development is the basic strategy of adhering to and developing socialism with Chinese characteristics in the new era.In the litigation system of China,it is the behavior preservation system that corresponds to the litigation injunction.In civil litigation,the main legal basis for the preservation of civil action is the part on the preservation of acts in the provisions of article 100 of the Code of Civil Procedure,which refers to the obstacles to the performance of future judgments or the further infringement caused to the parties.The court shall,on the application of a party or in accordance with its authority,order the other party to make certain acts or prohibit certain acts.The injunction of environmental litigation is an important preventive measure to give full play to the concept of plain environmental justice.

关键词： OPTIMIZATION PATH DISCRETIONARY REQUIREMENTS ENVIRONMENTAL litigation

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Experts in Natural Resource Damages and Toxic Tort litigation

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Journal of Environmental Protection 2016年第3期7卷 410-421页

作者： Allan Kanner Kanner & Whiteley LLC New Orleans USA

Expert testimony plays a critical role in environmental and toxic tort litigation [1]. While most litigation settles, the work of an expert should, from the outset, be prepared with trial in mind. First and foremost, an expert, using the appropriate expertise, must be able to resolve questions that will assist the trier of fact in making determinations necessary under the law applicable to the case. In addition, an expert must demonstrate a solid scientific foundation in all of his or her opinions. Once armed with the opinions reached in the case, the forensic expert should work with the trial team to simplify proof, clarify the presentation and integrate it with other trial proof and themes [2]. This effort should include the realistic identification of any perceived or real shortcomings regarding the information available, the approach taken by or conclusions reached by the expert. Ongoing communication between the trial team and the expert throughout the discovery and pre-trial litigation is essential.

关键词： Testimony Expert litigation Environmental

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On the Administrative litigation and Reconciliation System in China

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International Journal of Technology Management 2017年第6期 45-46页

作者： Xiaoxing Xie Beihua University School of Law Jilin City Jilin Province 132013

With the development of our society, the object and scope of government＇ s administrative function are expanding day by day.Facing the complicated new situation, new problem and the enhancement of the rule of law, the difficulty of hearing the administrative case isincreasing. This article mainly analyzes the present situation of the reconciliation of administrative litigation, discusses how to construct ourcountry＇ s administrative litigation reconciliation system, promote the administrative trial work smoothly, and better protect the legitimate rightsand interests of the parties.

关键词： administrative litigation reconciliation system legal norms

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Medico-legal risks associated to hand and wrist trauma

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World Journal of Critical Care Medicine 2022年第1期11卷 40-47页

作者： Dionysia Vasdeki Sokratis E Varitimidis Charalambos Chryssanthakis Nikolaos Stefanou Zoe H Dailiana Department of Orthopaedic Surgery Faculty of MedicineUniversity of ThessalyLarissa 41500Greece Department of Orthopaedics University of ThessaliaLarissa 41110Greece Department of Administrative Science and Public Administration National and Kapodistrian University of AthensAthens 10678Greece Department of Hand Upper Extremity and MicrosurgeryIaso ThessaliasNikaiaLarissa 41500Greece

BACKGROUND Acute hand and wrist injuries are common and may lead to long-term disability if not managed adequately.Claims for negligence have been increasing in medical practice over the past few decades,with hand and wrist injuries and their treatment representing a significant percentage of orthopedic surgery lawsuits.There is no available literature regarding medical malpractice claims in hand and wrist injuries and surgery in Greece.AIM To identify claims related to hand and wrist trauma and surgery and to define the reasons of successful litigations.METHODS We performed a retrospective study of all legal claims of negligence for hand and upper extremity surgery that went to a trial,attributed to all surgical specialties,in Greece for a 20-year period.Data was further analyzed to identify claims related to hand and wrist trauma and surgery.RESULTS There were six malpractice claims related to hand and wrist trauma that ended in a trial.A missed diagnosis,which resulted in failure of initial management of the injury,was the main reason for a claim.Three of the six cases resulted in complete or partial loss of a finger.Two cases are still open,requiring an expert witness’s report,two cases were closed in favor of the defendant,and two cases were closed in favor of the plaintiff with a mean compensation of€2000(€1000-€3000).CONCLUSION Missed diagnosis was the main reason for a malpractice claim.Better understanding of factors leading to successful claims will help surgeons improve their practice to minimize legal implications and litigation.

关键词： Hand trauma Wrist trauma litigation Claim Negligence

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Forty Years of Reform and Opening Up:The Birth and Development of China's Criminal Justice System

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Frontiers of Law in China-Selected Publications from Chinese Universities 2019年第1期14卷 73-85页

作者：卞建林谢潮 China University of Political Science and Law Beijing 100088China School of Criminal Justice China University of Political Science and LawBeijing 100088China

The Third Plenary Session of the 11 th Central Committee of the Communist Party of China held in 1978 marked the initiation of the policy of reform and opening up in China,beginning a new chapter in the construction of a socialist legal system.The first Chinese criminal procedure law was promulgated the following year and was revised twice in 1996 and 2012.Although remarkable progress has been made,the level of the rule of law in China's criminal procedure must still be improved to meet the goal of modernizing the criminal rule of law.

关键词： reform and opening up criminal procedure litigation systems trial-centered leniency for confession and acceptance of punishment

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