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Evaluating the impact of 2011 tort reform limiting noneconomic damages in North Carolina and Tennessee on testing, imaging, and procedure utilization.
Health Serv Res
December 2024
Department of Medicine, Johns Hopkins School of Medicine, Baltimore, Maryland, USA.
Objective: To evaluate the impact of tort reform laws passed in 2011 capping noneconomic damages in North Carolina and Tennessee on rates and adjusted per user costs of tests, imaging, and procedures in the Medicare fee-for-service population.
Study Setting And Design: State-level synthetic difference-in-differences, adjusting for the percent of FFS Medicare beneficiaries in the state who were female, had ever been on Medicare Advantage, were eligible for Medicaid for at least 1 month of the year, and total state risk-adjusted, standardized per-capita costs. Analyses of North Carolina and Tennessee were performed separately.
Accidental injustice: Healthcare AI legal responsibility must be prospectively planned prior to its adoption.
Future Healthc J
September 2024
Centre for Ethics in Medicine, University of Bristol, Bristol, United Kingdom.
This article contributes to the ongoing debate about legal liability and responsibility for patient harm in scenarios where artificial intelligence (AI) is used in healthcare.We note that due to the structure of negligence liability in England and Wales, it is likely that clinicians would be held solely negligent for patient harms arising from software defects, even though AI algorithms will share the decision-making space with clinicians.Drawing on previous research, we argue that the traditional model of negligence liability for clinical malpractice cannot be relied upon to offer justice for clinicians and patients.
View Article and Find Full Text PDFMedical Malpractice in Otolaryngology within the United States: A LexisNexis-Based Demographic Analysis.
Otolaryngol Head Neck Surg
January 2025
Department of Otolaryngology, Icahn School of Medicine at Mount Sinai, New York, New York, USA.
Objective: Otolaryngologists are at a significantly greater risk of being sued than most other physicians. To date, there is a lack of studies characterizing trends in otolaryngology malpractice claims. To assess these trends and risk variables, this study examined malpractice claims against otolaryngologists.
View Article and Find Full Text PDFThe increasing medicolegal cost in the care of high-level athletes.
J Shoulder Elbow Surg
January 2025
University of Pittsburgh Medical Center Department of Orthopaedic Surgery, Pittsburgh, PA, USA.
Background: Medical malpractice represents a significant economic cost in health care. Increasingly large damage claims by professional athletes against physicians have raised concerns about the medicolegal challenges in caring for high-level athletes.
Methods: An online proprietary legal research database was queried for lawsuits related to malpractice in the care of professional and amateur athletes from 1992 to 2023.
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