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Analyses of medical malpractice in Judicial Appraisal: 505 Cases

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Journal of Forensic Science and Medicine 2015年第1期1卷 21-25页

作者： Meng You Xu Wang Di Lu Haidong Zhang Shengli Di Fengqin Zhang Zhaoming Guo Li Yuan Lin Chang Jian Xiang Lili Yu Yingkai Yang Tiantong Yang Center of Cooperative Innovation for Judicial Civilization Key Laboratory of Evidence Science China University of Political Science and LawMinistry of EducationBeijingChina

The purpose of this paper is to investigate and analyze the current situation of medical malpractice and make suggestions for preventative measures from a judicial appraisal *** 2002 to 2011,we conducted and analyzed 505 medicolegal malpractice experiments at the Fada Institute of Forensic Medicine and Science(FIFMS)in Beijing,People’s Republic of China(PRC).We found that the occurrence of medical disputes in surgical and obstetrical/gynecological cases seemed more *** main causes of medical disputes included issues regarding medical ethics,poor quality of the medical staff,equipment malfunctions,and dereliction of duty by the medical *** reasons for dissatisfaction varied among the different levels of medical *** medical services garnered the most *** we can work to improve the moral and professional standards of the medical staff members,intensify their ethics,and foster good relationships between patients and medical professionals,the quality of medical care would improve and the number of disputes regarding medical services would be reduced.

关键词： Judicial appraisal medical dispute medical malpractice

Evaluation of medical malpractice Litigations in China, 2002–2011

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Journal of Forensic Science and Medicine 2016年第4期2卷 185-189页

作者： Tiantong Yang Guozhong Zhang Xu Wang Shengli Di Haidong Zhang Daming Sun Siyang Xiang Dong Zhao Lin Chang Ling Li Collaborative Innovation Center of Judicial Civilization Department of Forensic Clinical Medicine Key Laboratory of Evidence ScienceChina University of Political Science and LawMinistry of EducationBeijing Department of Forensic Medicine Hebei Medical UniversityShijiazhuang Forensic Science Center East China University of Political Science and LawShanghaiChina

In the past 10 years,medical malpractice litigations have become a serious public health and social issues in *** study aims to evaluate the medical malpractice litigations in Beijing.A retrospective study was conducted using the database from the Key Laboratory of Evidence Science(KLES)at China University of Political Science and Law(CUPL)to demonstrate the extent and characteristics of the alleged medical malpractice cases and the conclusions of forensic evaluation from 2002 to 2011 in Beijing.A total of 1515 alleged medical malpractice cases were investigated by forensic medical experts at KLES‑CUPL during the study *** the 1515 cases,45.2%were male patients and 54.8%were female *** age of the patients ranged from newborn to 90 years,with average age of 44 *** alleged medical malpractice cases involved 11.3%of *** 2002 to 2006,the average number of medical malpractice litigations was 123 cases per year,while from 2007 to 2011,the average number of medical malpractice litigations was 180 per year,a 46%*** the 1515 cases,588(38.8%)litigations were due to the patients’*** departments involved in claims most often were obstetrics(18.9%),followed by orthopedics(15.1%)and general surgery(11.5%).medical error was found in 945(62.4%)*** the 945 confirmed medical malpractice cases,the top medical misadventures were diagnostic errors(36.5%),improper performance of procedures(36.4%),and medication error(12.6%).Although tertiary hospitals were more likely to be sued than the secondary and primary hospitals(63.6%vs.36.4%),there was no significant difference between tertiary and secondary hospitals in the percentage of confirmed malpractice cases(62.3%vs.59.4%).The primary hospitals had the highest confirmed malpractice cases(73.2%).

关键词： Forensic investigation forensic medicine judicial appraisal medical litigation medical malpractice

Two case reports of novel syndrome of bizarre performance of gastrointestinal endoscopy due to toxic encephalopathy of endoscopists among 181767 endoscopies in a 13-year-university hospital review: Endoscopists, first do no harm!

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World Journal of Gastroenterology 2020年第9期26卷 984-991页

作者： Mitchell S Cappell Division of Gastroenterology & Hepatology William Beaumont Hospital Oakland University William Beaumont School of Medicine

BACKGROUND Although deficient procedures performed by impaired physicians have been reported for many specialists,such as surgeons and anesthesiologists,systematic literature review failed to reveal any reported cases of deficient endoscopies performed by gastroenterologists due to toxic *** gastroenterologists,like any individual,can rarely suffer acute-changes-inmental-status from medical disorders,and these disorders may first manifest while performing gastrointestinal endoscopy because endoscopy comprises so much of their *** SUMMARIES Among 181767 endoscopies performed by gastroenterologists at William-Beaumont-Hospital at Royal-Oak,two endoscopies were performed by normally highly qualified endoscopists who manifested bizarre endoscopic interpretation and technique during these endoscopies due to toxic ***-1-endoscopist repeatedly insisted that gastric polyps were colonic polyps,and absurdly“pressed”endoscopic steering dials to“take”endoscopic photographs;Case-2-endoscopist repeatedly insisted that had intubated duodenum when intubating antrum,and wildly turned steering dials and bumped endoscopic tip forcefully against antral *** nurses recognized endoscopists as impaired and informed *** called Chief-of-Gastroenterology who advised endoscopists to terminate their esophagogastroduodenoscopies(fulfilling ethical imperative of“physician,firstdo-no-harm”),and go to emergency room for medical *** endoscopists ***-hospital-work-up revealed toxic encephalopathy in both from:case-1-urosepsis and left-ureteral-impacted-nephrolithiasis;and case-2-dehydration and accidental ingestion of suspected illicit drug given by unidentified *** rapidly recovered with medical *** This rare syndrome(0.0011%of endoscopies)may manifest abruptly as bizarre endoscopic interpretation and technique due to impairment of endoscopists by toxic encephalopathy.

关键词： Endoscopy Iatrogenic injury medical ethics Hippocratic Oath Quality improvement medical malpractice Morbidity and mortality

Multidimensional Approach to Suicide Prevention in Jails and Prisons: The Best Defense against Liability Lawsuits

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Open Journal of Psychiatry 2021年第4期11卷 248-264页

作者： Anasseril E. Daniel Correctional psychiatry Daniel Forensic Psychiatric Services Columbia Missouri

Inmates in jails and prisons are a high-risk group for suicide. Often, legal claims of medical negligence and §1983 based on deliberate indifference by the correctional officials follow. Unique stable and dynamic factors and circumstances and their interaction explain most suicides. A systematic suicide screening using a well-designed suicide screening questionnaire that captures known risk factors will identify most inmates at risk if adequately used. Identification and subsequent mental health assessment set the stage for preventive intervention, monitoring, and treatment of the inmates. A multidimensional suicide prevention program saves not only lives but also the best defense against a liability lawsuit.

关键词： Suicide in Jails and Prisons Preventing Suicide in Jails Correctional Lawsuits Deliberate Indifference Claims medical malpractice Theories of Suicide in Jails

我国医疗损害鉴定制度研究述评(2002－2012)

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诉讼法学、司法制度 2013年第9期

作者：李平龙肖鹏

医疗损害鉴定对于医疗损害纠纷的公正处理具有重要意义。学界过往研究主要涉及医疗事故鉴定制度、医疗司法鉴定、医疗损害鉴定如何统一等问题。对医疗事故鉴定制度的研究主要集中在医疗事故鉴定的性质、医疗事故鉴定制度的主要弊端、医... 详细信息

医疗损害鉴定对于医疗损害纠纷的公正处理具有重要意义。学界过往研究主要涉及医疗事故鉴定制度、医疗司法鉴定、医疗损害鉴定如何统一等问题。对医疗事故鉴定制度的研究主要集中在医疗事故鉴定的性质、医疗事故鉴定制度的主要弊端、医疗事故技术鉴定制度存在的合理性、医疗技术鉴定制度的完善途径；对医疗司法鉴定的研究主要集中在医疗司法鉴定制度的合理性、医疗司法鉴定制度的弊端；对统一医疗损害鉴定的研究集中在统一医疗损害鉴定的模式、指导原则、建立统一医疗损害鉴定体制的具体建议以及需进一步研究的主要问题。

关键词：医疗损害医疗事故医疗过错司法鉴定述评 medical malpractice medical accidents medical fault medical identification

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