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Malpractice or masterful practice? Navigating vicarious liability in healthcare.
World J Clin Cases
January 2025
Department of Orthopaedics, Government Medical College, Omandurar Government Estate, Chennai 600002, Tamil Nadu, India.
In the intricate landscape of healthcare, vicarious liability looms large, shaping the responsibilities and actions of healthcare practitioners and administrators alike. Illustrated by a poignant scenario of a medication error, this article navigates the complexities of vicarious liability in healthcare. It explains the legal basis and ramifications of this theory, emphasizing its importance in fostering responsibility, protecting patient welfare, and easing access to justice.
View Article and Find Full Text PDFAnesthesiology and the Ethics of Expert Witness Testimony.
Anesthesiol Clin
December 2024
Department of Anesthesiology, Emory University School of Medicine, 1364 Clifton Road Northeast, Atlanta, GA 30322, USA. Electronic address:
Qualified physicians have an ethical duty to participate as expert witnesses in court proceedings. Most of those court proceedings relate to issues of medical negligence which fall under civil law. The physician expert witness needs to understand the duties and expectations of conduct and be willing to work collaboratively with attorneys as part of the legal team.
View Article and Find Full Text PDFBeyond medical errors: exploring the interpersonal dynamics in physician-patient relationships linked to medico-legal complaints.
BMC Health Serv Res
August 2024
Department of Safe Medical Care Research, Canadian Medical Protective Association, Ottawa, Canada.
Background: Previous research suggests that medico-legal complaints often arise from various factors influencing patient dissatisfaction, including medical errors, physician-patient relationships, communication, trust, informed consent, perceived quality of care, and continuity of care. However, these findings are not typically derived from actual patients' cases. This study aims to identify factors impacting the interpersonal dynamics between physicians and patients using real patient cases to understand how patients perceive doctor-patient relational problems that can lead to dissatisfaction and subsequent medico-legal complaints.
View Article and Find Full Text PDFVariables Causing Burnout May Also Have Real Malpractice Costs.
Am J Med
December 2024
Vice President: Candello/CRICO, Boston, Mass, Harvard Medical School, Boston, Mass.
Ordinary defensive medicine: in the shadows of general practitioners' postures toward (over-)medicalisation.
Philos Ethics Humanit Med
July 2024
Department of Family Medicine, General Medicine and Public Health Centre, University of Lausanne, Lausanne, Switzerland.
This paper draws on qualitative research using focus groups involving 38 general practitioners (GPs). It explores their attitudes and feelings about (over-)medicalisation. Our main findings were that GPs had a complex representation of (over-)medicalisation, composed of many professional, social, technological, economic and relational issues.
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