Midwives and Liability: Results from the 2009 Nationwide Survey of Certified Nurse‐Midwives and Certified Midwives in the United States

Introduction: In partnership with the American College of Nurse‐Midwives (ACNM), the authors conducted a survey of ACNM members to examine the incidence of lawsuit involvement, the outcomes of the litigation in which they were involved, and coping mechanisms among midwives who had been involved in a lawsuit. Methods: In the spring of 2009, a nationwide Web‐based survey was completed by ACNM members. In addition to using chi‐square tests and nonparametric testing in data analysis, a logistic regression model was used to evaluate predictors of lawsuit involvement. Results: Among 1340 midwives responding to the survey, 32% had been named in a lawsuit at least once. The median number of years in practice when the event leading to lawsuit occurred was 6. The majority of midwifery lawsuits involved hospital births and were settled prior to going to court. Three variables were statistically significant for involvement with litigation: the midwife's age, the number of births attended, and the ACNM region of practice in the United States. Discussion: Lawsuits among midwives were significantly related to exposure to births over time. Practice patterns and job security were not greatly affected by the experience of a lawsuit. Future cyclic surveys are needed to track the frequency of litigation and the outcomes that lead to lawsuits and to better define the relationships between midwifery practice and medical malpractice litigation.     

行政公益诉讼的原告资格

在建立和完善行政公益诉讼的过程中 ,我国目前的原告资格制度已不能适应其要求。进一步拓宽原告资格的范围 ,赋予更多合适的法律主体在社会公益受到侵犯时提起行政公益诉讼的原告资格 ,并在立法上予以明确 ,将有利于更好地限制行政权力的滥用、维护社会公共利益 ,这也是我国行政法治未来发展的必然趋势与选择。     

一起因告知不详引起医疗诉讼的分析和思考

通过案例分析因告知不详引起医疗诉讼的原因,从社会、法律、责任角度进行论证,提出预防类似医疗诉讼的措施。因告知不详引起的医院败诉、被判赔偿的案例虽少见,但符合法律程序,只有更好地采取措施,才能有效防范。     

医院病人投诉案例的分析与思考

通过对复旦大学附属中山医院2年来接待的196个信访投诉案例的分析,论述了医院管理上应该注意的问题,指出对医务人员要进一步强化医疗作风和职业道德教育,增强为人民服务的意识;处理医疗纠纷既要职责分明又要综合治理,正确对待病人的投诉;提高依法办事的能力,保障医务人员的合法权益.     

Reported Litigation Associated With Primary Hip and Knee Arthroplasty

Background

Greater than 75% of arthroplasty surgeons report having been the subject of a malpractice lawsuit. Despite this, few studies have analyzed the causes of litigation following total joint arthroplasty in the United States.

Shared Liability? Consultants,Pharmacists, and the Emergency Physician: Legal Cases and Caveats

In caring for patients in the Emergency Department (ED), the emergency physician (EP) will often utilize consulting specialists and pharmacists. In the event of an untoward patient outcome, disagreement may arise regarding the liability of each provider. Here, we review a series of malpractice cases involving consulting physicians and pharmacists to illustrate the legal principles of physician-patient relationships and physician duty. Determination of liability in the courts will rest, in part, on whether a physician-patient relationship was formed via an “affirmative act”. Consulting physicians may establish a relationship through an overt or implied agreement to participate in a patient's care, or by reviewing specific tests and studies for the purpose of diagnosis and treatment. The courts have defined the duty of the pharmacist to safely dispense medication, and have ascribed the duty to warn of medication side effects to the prescribing physician.     

论医疗侵权诉讼举证责任倒置后医方的抗辩事由

随着《医疗事故处理条例》和最高人民法院《关于民事诉话证据的若干规定》的实施．医疗侵权诉讼逐年增多。文章就如何正确认识医疗诉讼中医疗行为、损害结果、因果关系和医疗过错的法律含义和实行举证责任倒置后如何运用法律法规在医疗侵权诉语中进行抗辩的策略进行了系统的阐述。     

应用诉讼调解快速解决医疗纠纷的探讨

民事诉讼调解制度是中国法治文化和长期司法实践的结晶,是颇具特色的通过调解解决纠纷的解纷机制和解纷文化,本文旨在探讨在诉前医患协商阶段,疏导患方选择民事诉讼调解来化解医疗纠纷的可行性,息纷止争,更好地维护医患双方的合法权益。