Professional liability of residents in a children's hospital
Article Abstract:
Pediatric residents may be at considerable risk of being named as defendents in medical malpractice lawsuits. Researchers reviewed all malpractice cases occurring at a Chicago children's hospital from 1968 through 1992. There were 185 malpractice suits or an estimated 20.5 per 100,000 patient visits, of which residents were named as defendents in 49 (26%). Thirty-six percent arose from inpatient care, 30% from surgery, 21.5% from emergency room care, 10% from infant or pediatric intensive care units, and 2.5% from cardiac catheterization. In approximately one-quarter of cases each the allegation was improper technique, generally surgical technique, or missed diagnosis, often of such common problems as appendicitis or meningitis. Sixteen percent were failure to diagnose and treat, 14% were medication error, 10% were failure to monitor, and 8% were treatment failure. Eleven cases were dismissed, half were settled out-of-court, 13 cases were still open, and the sole case that went to trial resulted in judgment against the defendents.
Publication Name: Archives of Pediatrics & Adolescent Medicine
Subject: Health
ISSN: 1072-4710
Year: 1996
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Ruling broadens protection for retirement savings
Article Abstract:
The US Supreme Court, in the case Patterson v Schumate, has ruled that retirement plans governed by the Employee Retirement Security Act of 1974 (ERISA) are exempt from professional liability and bankruptcy claims. Personal retirement plans, such as individual retirement accounts or simplified employee pensions, are not exempt. The ruling is of particular interest to physicians, who can protect their retirement savings from loss due to malpractice claims. However, physicians must consider the higher cost of exempt ERISA plans and balance it against their malpractice risk.
Publication Name: American Medical News
Subject: Health
ISSN: 0001-1843
Year: 1992
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Records reviewable in investigation
Article Abstract:
A California appellate court ruled that a statute protecting hospital records from discovery did not apply in criminal action against an anesthesiologist charged with gross negligence. The court argued that records of hospital medical staff committees, including those of peer review committees, could be disclosed because criminal charges arising from medical activities are rare and disclosure would not inhibit candid peer review committee discussions.
Publication Name: American Medical News
Subject: Health
ISSN: 0001-1843
Year: 1992
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