A Discrete Choice Experiment to Elicit General Population Preferences Around the Factors Influencing the Choice to Make Clinical Negligence Claims

ObjectivesThis article determines public stated preferences around different factors that influence the choice to make clinical negligence claims against a national healthcare system.MethodsA large online survey was conducted using a discrete choice experiment (DCE) with the UK general population (N = 1013). DCE tasks involved a single profile and participants chose whether to make a claim for compensation (yes/no) after one of 3 randomly allocated patient safety incident (PSI) “scenarios” of different severities (mild, moderate, severe). DCE attributes described the actions of the healthcare system after a PSI and characteristics of the clinical negligence claims process. The data were modeled separately for each scenario (mild, moderate, severe) using logistic regression. Marginal effects and the probability of making a claim in a baseline case were estimated.ResultsProbability of choosing to claim was reduced by receipt of an apology, investigation and prevention of recurrence of the PSI, and longer time until claim decision and increased by an easy and straightforward claims process and high chance of compensation and for the mild scenario higher compensation amounts. Marginal effects and baseline case probabilities differed by scenario severity.ConclusionsThe results suggest the actions of the healthcare system after a PSI and characteristics of the claims process have a larger impact on the probability of making a claim for milder PSIs. For more severe PSIs, a larger probability of making a claim was observed, and the choice was less influenced by the actions of the healthcare system after the PSI and characteristics of the claims process.     

研讨《侵权责任法》和《医疗事故处理条例》

执行《侵权责任法》和《医疗事故处理条例》均涉及到医疗机构的病案资料,因此有必要对两者中有关病案资料的内容进行深入研讨。分别讨论其共同认定的病案资料内容、病案资料管理、病历书写的注意事项、病案资料的作用、病历书写的时间概念、以及在赔偿、处罚条款中有关病案资料的项目。     

论医疗设备事故责任的划分和处理

医疗设备管理工作是集技术、行政管理于一体的综合性管理,医疗设备管理者不仅要参与从设备的购置到设备报废的全过程管理,建立各项设备的管理度,也是设备管理工作的重要的组成部分。在设备的日常管理中,由于个别工作人员操作失误或责任心不强造成设备损坏、丢失,导致医院设备损失严重,因此对事故责任人的处理是必要的。根据设备事故的责任、责任人及事故的处理原则进行划分和阐述。     

A systems approach to accepted standards of care: Shifting the blame

In healthcare, from a legal perspective, the standard of acceptable practice has been generally set by the courts and defined as healthcare professionals acting in a manner that is widely accepted by their peers as meeting an acceptable standard of care. This view, however, reflects the state of how practice “is” rather than what it “ought to be”. What is ought to be depends on whether you take a “person” or “system” oriented approach to practice.The increasing pressures of lack of money and resources, and an ever–increasing need for care are bringing pressure on the health services to move to a system approach and this is gaining acceptance both with clinicians and thus eventually the courts.A systems-type approach to healthcare will, by necessity, embrace clinical protocols and guidelines supported by clinical information systems. It will also see blame for errors shifting from clinicians to the organisations that employ them.This paper argues that a continued use of a person-based approach to healthcare, developed through an historical record of practice by individual clinicians, is no longer adequate defence in a case of supposed negligence.When the healthcare system has codified clinical guidelines and digital data gathered across thousands of clinicians and their patients, it is possible to compute adequate levels of care and expect clinicians and the healthcare system in general to meet these minimum standards.Future negligence decisions will rely on a systems-based best practice standard of care determined through evidence rather than opinion     

254例医疗纠纷鉴定结果分析

目的通过对某市过去的医疗事故鉴定结果分析,找出预防医疗纠纷的工作重点和防范机制。方藩对254例鉴定案件统计分析．从涉及医院的等级和科室构成、委托来源、医院所负责任、事故级别构成等指标观察寻找医疗纠纷的预防重点。结果涉及医院以区域性医疗中心为主。涉及科室以骨科、妇产科为主,委托来源以行政调解单位为主,医疗事故鉴定率为60．7％．医院负完全责任的占8．8％。结论某市医疗纠纷防范的重点单位是三级甲等医院和县医院,重点科室是骨科、妇产科等手术科室,重点预防措施应该放在加强沟通、注重人文关怀、构建和谐医患关系方面,以此来降低医疗纠纷的发生和非司法诉讼途径的解决。     

Medical malpractice: a cardiovascular perspective

This article reviews the elements of medical malpractice, informed consent, and affirmative defense; and discusses the legal risks associated with the diagnosis and therapy of cardiovascular disease.     

Liability of Emergency Physicians for Studies Ordered in the Emergency Department: Court Cases and Legal Defenses

Background: Laboratory tests are frequently ordered in the Emergency Department (ED), with results returning at a later time. Emergency physicians (EPs) are frequently held liable when the test results are not followed-up. Methods: Recent legal malpractice cases are presented to provide examples of the medical-legal risks encountered when poor patient outcomes occur because the results of laboratory tests and other studies done in the ED are not followed-up and communicated to the patient. Discussion: Emergency physicians are obligated to follow-up with patients when the results of laboratory and radiographic studies ordered in the ED are returned at a later time, and EPs are liable for any poor outcome if there is no follow-up. Appropriate follow-up mechanisms must be in place to improve patient outcomes and reduce the risk for the physician. Knowledge of the legal concepts of contributory negligence and comparative fault allows EPs to place themselves in an optimal position for a legal defense if a challenge is raised. Conclusion: It is imperative that abnormal results of tests done for ED evaluation and orders must be properly noted and followed-up. Optimal communication and relay of information to both the patient and the primary physician will reduce physician liability and enhance patient outcomes.     

护理缺陷产生的相关因素及对策

目的调查和分析护理缺陷产生的相关因素，探讨有效控制和降低护理缺陷发生率的措施。方法对2002年9月至2004年9月期间40起护理缺陷进行回顾性调查和分析。结果40起护理缺陷普遍存在年资较低的护士不规范操作、高危时段、涉及高龄患者等，与护理管理机制、人员结构层次、法律意识等因素有关。结论加强降低护理缺陷的有效措施：(1)完善有效的管理机制；(2)增强护理人员的风险意识；(3)规范护理操作和行为；(4)加强护理人员的岗位培训；(5)注重环节及即时质量。