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The article focuses on the evolving landscape of clinical ethics and the potential legal risks faced by ethicists due to their increasing professionalization and role in healthcare decision-making in U.S. It discusses how ethicists, like other healthcare professionals, could be subject to liability claims if their recommendations are perceived to fall short of professional standards.

Herein, we present the case of accidental intravenous injection of gasoline in a 62-year-old male who was admitted to a dialysis center for his regular hemodialysis. Due to previous contact with another SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2) positive patient, the hemodialysis was conducted in an isolated room. At the end of the procedure, the nurse, wearing all necessary personal protective equipment (PPE), in the intent to clean the dialysis catheter, applied medical gasoline, instead of 0.9% sodium chloride, intravenously to the patient. Soon afterwards, the patient's clinical condition deteriorated, and cardiopulmonary resuscitation was started. Despite the immediate reaction of the medical staff, after two successful cardiopulmonary reanimation and necessary intensive care measures, the patient suffered respiratory, metabolic, and lactic acidosis, hypotension, and tachyarrhythmia and ultimately died 7 h after the incident. The autopsy was conducted under the order of the district attorney. Main autopsy findings were marked congestion; right pleural and pericardial effusion; brain and lung edema; enlarged heart with left ventricle thickening and mild perivascular fibrosis; nephrosclerosis; tubular thyroidization; and interstitial fibrosis with inflammation. Gasoline presence was indisputably proven by conducted toxicology analysis in lung, bile, and brain samples. Traces of gasoline could be noted in the patient's blood sample in comparison to the blood that did not contain gasoline, but it was not possible to confidently claim that gasoline was present in the blood. Based on relevant findings, we concluded that the death of the patient was violent and that the cause of death was acute intoxication by gasoline. [ABSTRACT FROM AUTHOR]

Tort liability is designed to economically incentivize safer behavior by compelling the tortfeasor to pay money to a person injured by the tortfeasor's conduct. In medical malpractice cases, this safer conduct should, in turn, improve patient safety and reduce adverse events. Most medical errors are the result of faulty systems and processes that are outside the control of individual clinicians working within those systems. Yet, the historical approach of holding hospitals only vicariously liable focuses solely on the individual clinicians' actions and does not hold hospitals accountable for their failure to fix the defective system and processes. Hospitals have a nondelegable duty to develop, adopt, and enforce adequate and appropriate processes, procedures, rules, and policies to ensure the delivery of quality care to their patients. Would holding hospitals directly liable for system failures motivate them financially and reputationally to improve their systems, thereby having the greatest effect on reducing patient harm? [ABSTRACT FROM AUTHOR]

Purpose: Global interest in circumcision, one of the oldest and most frequently performed surgical procedures worldwide, continues. There is a significant increase in cases regarding medical malpractice claims in the world and in our country. It is aimed to identify situations that lead to malpractice claims in circumcision surgery, which has question marks regarding its psychological and ethical aspects, to identify situations that are considered errors and professionally risky, and to contribute to eliminating these deficiencies. Methods: We examined the Supreme Court appeal decisions related to circumcision malpractice cases resolved between 2012 and 2022, using the keyword "circumcision" on the official website of the Republic of Turkiye Supreme Court. Results: We examined 30 Supreme Court decisions that met our criteria. It was determined that the most common lawsuit was filed due to negligence (43.3%), followed by carelessness (20%) and faulty action (20%). Conclusion: Physical conditions must be appropriate and healthcare personnel must be adequately trained for circumcision, which is frequently performed especially in pediatric patients and is more frequently subject to malpractice lawsuits than other pediatric operations. [ABSTRACT FROM AUTHOR]

Splenic rupture and hematoma are significant complications that can occur in patients with non-Hodgkin lymphoma (NHL). Understanding these associated complications is essential for optimal patient management and enhanced patient outcomes. Histopathological and immunohistochemical analyses are crucial in diagnosing NHL and assessing splenic involvement. In this study, a judicial autopsy had been requested by the Prosecutor's Office for a malpractice claim due to a fall in the hospital. In the Emergency Department, a 72-year-old man fell from a gurney and reported sustaining a wound to his forehead. No other symptoms were reported. A face and brain CT scan showed no abnormalities. Nine days after discharge, the patient presented with abdominal pain. An abdominal CT revealed splenic rupture and hemoperitoneum. The patient underwent open splenectomy but showed signs of hemodynamic shock and subsequently died. The evidence from the autopsy allowed us to diagnose mantle cell non-Hodgkin lymphoma with spleen involvement, previously unknown. Histopathological and immunohistochemical analyses were performed to assess the diagnosis of splenic rupture and estimate its timing. The findings strongly suggest that the splenic rupture was associated with the patient's fall and the pre-existing malignancy. This case highlights the importance of considering an underlying hematological malignancy when investigating delayed splenic rupture. An immunohistochemical study of spleen samples allowed the timing of splenic hematoma and rupture to be assessed, leading to the establishment of a causal relationship with trauma. [ABSTRACT FROM AUTHOR]

The article presents a study which assessed the public health and security risks of artificial intelligence (AI) applications, examined law and policy responses, and offered legal guidance to wield AI for population health while mitigating its substantial current and potential harms. Topics include artificial intelligence pitfalls, an executive order signed by U.S. President Joe Biden in follow-up to his administration's Blueprint for an AI Bill of Rights, and legal protections on AI.

The importance placed on passing Senior Secondary School Certificate Examinations (SSCE) in Nigeria has led to the emergence of 'Miracle Examination Centres' (MECs). MECs are schools where candidates get undeserving excellent SSCE results through institutionally enabled malpractice. This undermines the Nigerian education sector and its leadership. But well-researched empirical evidence on MECs in Nigeria is scarce. Through a reconnaissance technique (recce), we provide new evidence on MECs' activities, including their nature and patronage, while providing informed remedial pointers that can be harnessed by the education sector leadership. Interviews were conducted with 97 persons, comprising community members, teachers, and school owners across 16 communities in four study sites (Abuja, Anambra, Edo, and Kogi), and data were supported by observations. Elicited data were thematically analysed. Findings show that MECs were more interested in rents (informal and undue fees) by compromising SSCE standards and less interested in academic training. Community members were aware of the activities of MECs and could readily identify or discuss them. We uncovered the adopted processes in facilitating this kind of malpractice. A feasible strategy to address MECs and similar examination fraud syndicates across countries is for the education sector leadership to strategically focus on the demand and supply sides. [ABSTRACT FROM AUTHOR]

Federal and state governments mandate some health care organizations to implement antibiotic stewardship programs (ASPs). Some early adopters developed model ASPs that have helped set industry standards; other benchmarks will likely be forged in subsequent regulation, legislation, and jurisprudence. This article considers how ASP designs can affect professional autonomy, especially of frontline antibiotic stewards who are usually physicians and pharmacists. This article also considers how ASP development and implementation might influence standards of care and malpractice liability. [ABSTRACT FROM AUTHOR]

BACKGROUND Physician malpractice lawsuits are climbing, and the reasons underlying litigation against dermatologists are unclear. OBJECTIVE To determine the reasons patients pursue litigation against dermatologists or dermatology practices. MATERIALS AND METHODS A retrospective analysis of all state and federal cases between 2011 and 2022 was performed after a query using "Dermatology" and "dermatologist" as search terms on 2 national legal data repositories. RESULTS The authors identified a total of 48 (37 state and 11 federal) lawsuits in which a practicing dermatologist or dermatology group practice was the defendant. The most common reason for litigation was unexpected harm (26 cases, 54.2%), followed by diagnostic error (e.g. incorrect or delayed diagnoses) (16 cases, 33.3%). Six cases resulted from the dermatologist failing to communicate important information, such as medication side effects or obtaining informed consent. Male dermatologists were sued at a rate 3.1 times higher than female dermatologists. CONCLUSION Although lawsuits from patients against dermatologists largely involve injury from elective procedures, clinicians should practice caution regarding missed diagnoses and ensure critical information is shared with patients to safeguard against easily avoidable litigation. [ABSTRACT FROM AUTHOR]

Burns and fires in the operating room are a known risk and their prevention has contributed to many additional safety measures. Despite these safeguards, burn injuries contribute significantly to the medical malpractice landscape. The aim of the present study is to analyze malpractice litigation related to burn and fire injuries in plastic and reconstructive surgery, identify mechanisms of injury, and develop strategies for prevention. The Westlaw and LexisNexis databases were queried for jury verdicts and settlements in malpractice lawsuits related to burn and fire injuries that occurred during plastic surgery procedures. The Boolean terms included "burn & injury & plastic", "fire & injury & "plastic surg!"" in Westlaw , and "burn & injury & "plastic surg!"", "fire & injury & "plastic surg!"" in LexisNexis. A total of 46 cases met the inclusion criteria for this study. Overheated surgical instruments and cautery devices were the most common mechanisms for litigation. Plastic surgeons were defendants in 40 (87%) cases. Of the included cases, 43% were ruled in favor of the defendant, while 33% were ruled in favor of the plaintiff. Mishandling of cautery devices 6 (13%), heated surgical instruments 6 (13%), and topical acids 2 (4%) were the most common types of errors encountered. Never events causing burn injury in plastic and reconstructive surgery are ultimately caused by human error or neglect. The misuse of overheated surgical instruments and cauterizing devices should be the focus for improving patient safety and reducing the risk of medical malpractice. Forcing functions and additional safeguards should be considered to minimize the risk of costly litigation and unnecessary severe harm to patients. ● Burn injuries contribute significantly to the medical malpractice landscape. ● Never events causing burns in plastic surgery are caused by human error or neglect. ● Overheated instruments and cauterizers were the leading mechanisms for litigation. ● Additional safeguards should be added to minimize litigation and harm to patients. [ABSTRACT FROM AUTHOR]

General surgery is a highly litigious specialty. Lawsuits can be a source of emotional distress and burnout for surgeons. Major hepatic and pancreatic surgeries are technically challenging general surgical oncology procedures associated with an increased risk of complications and mortality. It is unclear whether these operations are associated with an increased risk of lawsuits. The objective of the present study was to summarize the medical malpractice claims surrounding pancreatic and hepatic surgeries from publicly available court records. The Westlaw legal database was searched and analyzed for relevant malpractice claims from the last two decades. Of 165 search results, 30 (18.2%) cases were eligible for inclusion. Appellant cases comprised 53.3% of them. Half involved a patient death. Including co-defendants, a majority (n = 21, 70%) named surgeons as defendants, whereas several claims (n = 13, 43%) also named non-surgeons. The most common cause of alleged malpractice was a delay in diagnosis (n = 12, 40%). In eight of these, surgery could not be performed. The second most common were claims alleging the follow-up surgery was due to negligence (n = 6). Collectively, 20 claims were found in favor of the defendant. Seven verdicts (23.3%) returned in favor of the plaintiff, two of which resulted in monetary awards (totaling $1,608,325 and $424,933.85). Three cases went to trial or delayed motion for summary judgment. There were no settlements. A defendant verdict was reached in two-thirds of malpractice cases involving major hepatic or pancreatic surgery. A delay in diagnosis was the most cited claim in hepatopancreaticobiliary lawsuits, and defendants may often practice in nonsurgical specialties. While rulings favoring plaintiffs are less frequent, the payouts may be substantial. [ABSTRACT FROM AUTHOR]

In the last few decades, there has been an ongoing transformation of our healthcare system with larger use of sensors for remote care and artificial intelligence (AI) tools. In particular, sensors improved by new algorithms with learning capabilities have proven their value for better patient care. Sensors and AI systems are no longer only non-autonomous devices such as the ones used in radiology or surgical robots; there are novel tools with a certain degree of autonomy aiming to largely modulate the medical decision. Thus, there will be situations in which the doctor is the one making the decision and has the final say and other cases in which the doctor might only apply the decision presented by the autonomous device. As those are two hugely different situations, they should not be treated the same way, and different liability rules should apply. Despite a real interest in the promise of sensors and AI in medicine, doctors and patients are reluctant to use it. One important reason is a lack clear definition of liability. Nobody wants to be at fault, or even prosecuted, because they followed the advice from an AI system, notably when it has not been perfectly adapted to a specific patient. Fears are present even with simple sensors and AI use, such as during telemedicine visits based on very useful, clinically pertinent sensors; with the risk of missing an important parameter; and, of course, when AI appears "intelligent", potentially replacing the doctors' judgment. This paper aims to provide an overview of the liability of the health professional in the context of the use of sensors and AI tools in remote healthcare, analyzing four regimes: the contract-based approach, the approach based on breach of duty to inform, the fault-based approach, and the approach related to the good itself. We will also discuss future challenges and opportunities in the promising domain of sensors and AI use in medicine. [ABSTRACT FROM AUTHOR]

A doctor's failure to uphold the standards of his profession, causing the death of a patient whom the doctor hoped to save, is known as medical negligence. The most embarrassing act one can commit is medical negligence, which usually results in the patient's death. Legally, medical negligence is a breach of the duty of care leading to harm. Lack of clinical competence can be interpreted as negligence. Indian courts decide cases of medical negligence based on the Bolam test. According to Black's Law Dictionary, negligence is defined as "conduct, action, or omission, which may be declared as negligence without any argument or proof as it violates the dictates of common prudence". The three cardinal elements in negligence are duty of care failure, failure to exercise duty of care (Dereliction), and causation of damage to the patient on account of dereliction. References to medical negligence can be found in classical texts such as Manusmriti, Kotilya Arthashastra, Charaka Samhita, Sushruta Samhita, and others. To mitigate medical negligence, various measures can be taken, such as improved communication, strengthening training and education, emphasising quality assurance, and legal reforms. The rapid development of medical science and technology has proven to be a powerful tool for doctors to better diagnose and treat patients, but it has also become a tool to exploit people for profit. Accurate information about negligence and its laws is needed as there is not enough data in this regard. To avoid medical negligence, practitioners should show strict adherence to modern surgical ethics, which also include concepts like the importance of informed consent, doctor-doctor relationship, doctor-patient relationship, doctor-state relationship, doctor-attendant relationship, attendantpatient relationship, and patient autonomy. [ABSTRACT FROM AUTHOR]

Purpose: Breast imaging accounts for a large proportion of medico-legal cases involving radiologists in several countries and may be a disincentive to breast imaging. As this has not been well studied in Canada, we evaluated the key medico-legal issues of breast imaging in Canada and their implications for health care providers and patient safety. Methods: In collaboration with Canadian Medical Protective Association (CMPA), we obtained information from the medico-legal repository, including civil-legal, medical regulatory authority (College) and hospital complaints occurring between 2002-2021. Canadian Classification of Health Interventions (CCI) codes were used for breast imaging and biopsy. Trend analysis was done comparing cases involving breast imaging/biopsy to all cases where a radiologist was named. Results: Radiologists were named in 3108 medico-legal cases, 188 (6%, 188/3108) of which were CCI coded for breast imaging or biopsy. Factors related to radiologists were most frequent (64%, 120/188), followed by team (23.4%, 44/188) and system (6.9%, 13/188). Equal representation of male and female radiologists was found (IRR = 1.22; 95% CI:.89, 1.56). In a 10-year test window from 2006 - 2015 we identified an increasing trend for all cases involving radiologists (P = 0,0128) but a decreasing trend for cases coded with breast imaging or biopsy (P = 0,0099). Conclusions: A significant decrease in cases involving breast imaging were found from 2006-2015, accounting for 6% of the medico-legal cases. The lower risk of breast imaging medico-legal issues may encourage more radiologists in breast imaging. [ABSTRACT FROM AUTHOR]

Purpose: To explore the feasibility and validity of machine learning models in determining causality in medical malpractice cases and to try to increase the scientificity and reliability of identification opinions. Methods: We collected 13,245 written judgments from PKULAW.COM, a public database. 963 cases were included after the initial screening. 21 medical and ten patient factors were selected as characteristic variables by summarising previous literature and cases. Random Forest, eXtreme Gradient Boosting (XGBoost) and Light Gradient Boosting Machine (LightGBM) were used to establish prediction models of causality for the two data sets, respectively. Finally, the optimal model is obtained by hyperparameter tuning of the six models. Results: We built three real data set models and three virtual data set models by three algorithms, and their confusion matrices differed. XGBoost performed best in the real data set, with a model accuracy of 66%. In the virtual data set, the performance of XGBoost and LightGBM was basically the same, and the model accuracy rate was 80%. The overall accuracy of external verification was 72.7%. Conclusions: The optimal model of this study is expected to predict the causality accurately. [ABSTRACT FROM AUTHOR]

Many experts in the etiology, assessment, and treatment of substance use/addiction view stigma and stigmatization – negatively branding addiction and substance users – as obstacles to the solution of the substance misuse problem. Discussions on this topic impact research and policy, and result in oft-repeated calls to remove the stigma from substance use and users. The goal of the article is to analyze the stigmatization concept as applied to substance use/addiction. It is widely accepted in the literature that stigmatization negatively affects substance users because addiction stigma interferes in both seeking and receiving professional care. It is argued that the societal disapproval of substance use/addiction is inappropriate because it is a mental disorder, involving biological processes. Nonetheless, neither those processes nor negative attitudes towards substance use affirm the concept of stigmatization as currently applied. This concept conflates potential mistreatment and malpractice with the prosocial justified societal disapproval of a lethally dangerous behavior. Consequently, the stigmatization concept suffers from internal contradictions, is either misleading or redundant, and may do more harm than the supposed mistreatment of substance users that stigmatization connotes. On the contrary, the justified disapproval of harmful behavior may be a factor raising individual resistance to substance use. Instead of mitigating the effects of that disapproval, it may need to be capitalized on. If it is employed explicitly, conscientiously, and professionally, its internalization may be one of the resistance mechanisms needed to achieve any progress in the still elusive prevention of substance use and addiction. [ABSTRACT FROM AUTHOR]

Objectives: Over the last two decades, apology laws have emerged as a crucial strategy for reducing medical malpractice liabilities. However, the effectiveness of these laws is unclear. This study investigated the effect of apology laws on medical malpractice by conducting a systematic literature review, providing insights into Taiwan’s Medical Accident Prevention and Dispute Resolution Act. Methods: A search for relevant articles in the PubMed database was conducted. Articles lacking abstracts or not written in English were excluded. Eight studies that met the inclusion criteria were identified. The reference lists of these eight articles were checked, and six additional eligible studies were identified. Results: We included 14 studies in the analysis. All the studies were conducted in the United States. The studies revealed that apology laws have a negligible effect on reducing medical malpractice liabilities. However, communication and resolution programs implemented at institutional levels do effectively reduce litigation frequency and costs and expedite dispute resolution. Organizations with successful outcomes typically exhibit strong leadership, support from liability insurers, physicians, and quality and risk personnel, dedicated management by skilled professionals, and proactive reimbursement. Conclusions: Taiwan currently lacks an ethical consensus regarding the disclosure of medical errors. Institutional-level policies and horizontal organizational relationships are not well-defined, and a mechanism for compensation is absent. The effectiveness of apology laws necessitates continuous monitoring and discussion. [ABSTRACT FROM AUTHOR]

The article discusses the legal and medical aspects involved during hip replacement surgery. Other topics include the rising medical malpractice claims due to said surgery, the potential legal ramifications of replacement surgery like product liability, informed consent deficits, and medical malpractice claims, and how said surgery bolster the overall quality of life of patients.

The article is about a legal dispute concerning possible tampering with an anesthesia device, which could be seen as obstruction of evidence. It discusses whether medical guidelines for determining the medical standard are relevant and how the causality of medical malpractice can be proven. It is stated that tampering with an anesthesia device twice after a treatment that resulted in oxygen deprivation for the patient cannot necessarily be considered as obstruction of evidence. The decision of the district court is deemed correct, as potential claims by the plaintiff would be time-barred. [Extracted from the article]

Introduction: Medical malpractice claims in our country, which ranks among the nations with a high frequency of esthetic interventions according to the International Society of Aesthetic Plastic Surgery (ISAPS), have been on the rise. This study aims to evaluate the claims of medical malpractice related to medical interventions for esthetic purposes. Materials and Methods: Files belonging to esthetic medical interventions which were referred from the court and the official institutions or were applicant individually for the purpose of identifying the malpractice between 2011 and 2022 to our institution were reviewed. Results: One hundred cases (82% - female, 18% - male, average age: 35.6) were evaluated. It was determined that 57% of the cases were sent from the consumer court, 33% from the court of first instance, and 7% of them were individual applications. Eighty percent of the cases were operated in operating room conditions, while 20% were office-type interventional procedures. It was determined that 84% of medical practices were performed by doctors and 16% by nonphysicians. After 2016, 85% of cases were referred from the consumer court. Above half of the whole cases (54.2%) had medical malpractice. The most important reason for medical malpractice was the lack of or insufficient informed consent. Conclusion: To prevent errors in esthetic medical interventions, it is necessary to comply with the legal regulations, to have a responsible physician in office-type interventions, to duly prepare and obtain (sign and hide) informed consent, to make the surgery/intervention plan, and to manage complications. [ABSTRACT FROM AUTHOR]

AI has developed from a basic set of "if, then rules" to more sophisticated algorithms that function similar to the human brain. Applications of AI in medicine have grown since the introduction of ML and DL, opening the door to individualised treatment rather than medicine just based on algorithms. The application of AI in medicine is in both diagnostics and surgery. This paper helps analyse the role of Artificial Intelligence in healthcare especially diagnostics and surgery. It also explores the role of AI in medical negligence. Part 1 talks about the application of ML and DL in healthcare, Part 2 analyses the test for medical negligence and Part 3 analyses the coexistence of AI and medical negligence. Part 4 examines the inclusion of innovation in AI in the tort of medical negligence. Lastly, Part 5 examines the ways in which liability can be assigned and provides for a theoretical framework. The paper concludes by providing a suggestion that the standard of care principles in the common law tort of negligence must offer a fault-based system which is sufficiently adaptable to allow for the application of developments in AI in healthcare and addresses the problems that arise as the technology advances. [ABSTRACT FROM AUTHOR]

There is a ubiquitous problem with medical errors and the concomitant costs it brings in terms of human suffering and financial loss for patients, families, and caregivers. Professional caregivers, including physicians, nurses, and others who have made clinical errors normally will fall under the risk management and quality improvement policies of the organization at which they are employed and subsequent investigation and response occurs internally. Sometimes further consequences can entail the caregiver being named as a defendant or codefendant in a civil lawsuit, and sometimes the caregiver can have professional licensure restricted or even revoked. More rarely, a caregiver can be prosecuted in a criminal legal action. When criminal prosecution occurred, it was usually for purposeful wrongdoing such as fraud, diversion of drugs, or even the intentional or reckless killing of elderly or other vulnerable people. The recent criminal prosecution of a Tennessee nurse for the reckless series of mistakes that led to the death of a single patient opens new considerations for nurses, physicians, and all caregivers, along with hospitals and healthcare systems that employ and/or work with them. The "dynamic tension" of encouraging all caregivers to own up to mistakes with patients as quickly as possible in healthcare organizations seems to be especially challenged now by the Vaught decision. This was mitigated somewhat by a relatively lenient sentence ordered by the judge in this noteworthy case. [ABSTRACT FROM AUTHOR]

In forensic medicine, myocarditis is a complicated topic in the context of sudden death and medical malpractice. A good knowledge of the etiopathology, histopathology, and available literature are both indispensable and essential for the correct management and evaluation of the causal link. Some agents, which are rarely lethal for humans, are not necessarily related to death from myocarditis, even if an infection in other organs such as the gastrointestinal tract is documented. The diagnosis of the causes of death is often difficult and confusing. In some cases, the hypothetical diagnosis of myocarditis as the cause of death is formulated by deduction, causing error and misleading the correct temporal evaluation of pathological events. We reviewed the literature realizing that histomorphological data are scarce and often poorly documented. Only after COVID-19 have the histomorphological aspects of myocarditis been better documented. This is due to poor autopsy practice and poor accuracy in identifying the specific histotype of myocarditis with identification of the responsible agent. We believe that four points are essential for a better understanding and complete diagnosis of the disease: (1) clinical classification of myocarditis; (2) etiological classification of myocarditis; (3) pathophysiology of viral and bacterial infections with host response; and (4) histopathological diagnosis with precise identification of the histotype and pathogen. In the review we provide histological images from authoritative scientific references with the aim of providing useful information and food for thought to readers. [ABSTRACT FROM AUTHOR]

Medical professionals face high stress due to the type of work they do and the prolonged working hours. Frequent burnout results due to the challenging nature of their work. Added to the stress of work, malpractice lawsuits add to their burden. In India, most doctors work in compromised settings with poor infrastructure and manpower but are expected to follow the best practices. In court, they are judged with the Bolam and Bolitho tests being essential considerations. Several tragic incidents have been reported, including depression, anger issues, and even suicide deaths of healthcare professionals (HCPs) after accusations of negligence and subsequent inquiry. Such incidents demonstrate the multitude of challenges an HCP faces in day-to-day practice. It is crucial to find ways to tackle these problems and enhance the capacity of HCP to handle such demanding circumstances. Malpractice litigation can significantly impact the mental health of HCPs. It is common to experience emotional turmoil when faced with a lawsuit. Second victim syndrome (SVS) is a term used to describe a set of symptoms experienced by HCPs who make an error leading to injury to a patient. However, it also happens if he is traumatized by the consequences of violence during healthcare services or a lawsuit or defamation article in newspaper/social media. Following a litigation crisis in their career, many HCPs go through various stages of grief, including shock, denial, anger, bargaining, depression, and acceptance. At times, death by suicide of the HCPs is well known. SVS is known to profoundly affect the personal, family, economic, professional (defensive practice), and social life of HCPs. HCPs should accept the allegations of negligence as an occupational hazard and prepare for the eventual litigation at least once in a lifetime by knowing about the medical laws, HCP's rights, becoming aware of the emotional turmoil of the lawsuit, preparing to cope with the lawsuit, and seeking help from colleagues and indemnity insurance. Frequent training of the HCPs is strongly recommended to know about the changing laws and also to undergo periodic professional competence enhancement to reduce the incidents of errors amounting to medical negligence. Medical and hospital administration should debrief after any incident and conduct internal investigations to identify systemic flaws and prevent future recurrence, resolve issues within their control at their level, and manage media (mainstream and social media) appropriately. If established, a reporting system with online and offline services will ease the internal administrative investigation process and take appropriate, timely actions. During the crisis, HCPs should have adequate and appropriate insurance or indemnity coverage and mental health support systems. [ABSTRACT FROM AUTHOR]

Video-assisted thoracoscopic surgery (VATS) is considered a safe method and is commonly performed in recent years. However, as with other invasive medical procedures, some complications may be encountered during and after this procedure. Of late, medical malpractice cases have become a prominent issue in the healthcare field. The case under discussion was sent to us for autopsy because of an allegation of medical malpractice. The cause of death was claimed to be an invasive procedure, namely pulmonary wedge resection with level 5 lymph node biopsy and VATS. We contribute to the literature by sharing, discussing, and evaluating our autopsy findings with forensic and medical documents. The possible complications of the procedure in question are generally known to be rare, nonfatal, minor traumas. [ABSTRACT FROM AUTHOR]

The article discusses the British court case McCulloch v. Forth Valley Health Board which focuses on the alleged negligence of a hospital after it failed to advise the patient of a reasonable alternative treatment for his heart disease. Topics discussed include the appellants' proposed test to risk disclosure of alternative treatments, informed consent in relation to the case Montgomery v. Lanarkshire Health Board, and the role of the doctor.

For decades, transnational adoption has been applied as a valuable measure for children in need of a family home, and for families to fulfill their child wish. The Hague Adoption convention (1993) was established to legally safeguard these processes. However, over the years, denouncements of illegal adoptions and malpractices arose. Notwithstanding, a lack of research giving overview of these malpractices and the consequences thereof remains. This contribution explores the experiences of adoptees in Flanders (Belgium) who experienced malpractices before, during and after their transnational adoption procedure. The research questions addressed are: "What malpractices do adoptees encounter?", "How do adoptees experience malpractices in their adoption procedure?", and "What needs do adoptees have?". A self-assessment questionnaire, holding into account respondents' own judgment, perception, experiences, and interpretation, was completed by 64 adoptees, and analyzed using both SPSS statistical software and Microsoft Excel. Furthermore, in-depth interviews with a heterogeneous group of 12 adoptees were conducted and thematically analyzed. Our findings contribute to descriptions of occurring malpractices, and finetune existing literature concerning the psychosocial impact of malpractices according to adoptees themselves. Findings illustrate intertwined consequences of more general, trauma related, identity development, and relationship issues. Although occurred malpractices cannot be undone, the adoptees having experienced malpractices highlight their needs and further necessary attention for the prevention of malpractices. Adequate attention and support for transnational adoption and those involved is discussed. [ABSTRACT FROM AUTHOR]

The health of the mother and children are potentially affected by several types of cultural malpractices that occur during the perinatal period. Ethiopia is a multi-ethnic nation where a variety of cultural practices are observed, especially during pregnancy, delivery, and the postpartum period. This study aimed to assess the prevalence and associated factors of cultural malpractice during the perinatal period in Ethiopia. Data searches were conducted in PubMed/Medline, Web of Science, Scopus, Google Scholar, African Journals Online, and the Cochrane Library. Data were extracted using Microsoft Excel, and analysis was done using STATA version 14. Less than a p-value of 0.05 was regarded to indicate potential publication bias: the funnel plot, Begg, and Egger's regression tests were used to examine publication bias. This study included 18 studies and 7880 mothers. The pooled prevalence of cultural malpractice during pregnancy, childbirth, and postpartum was 34.95% (95% CI: 27, 42.56), 31.18% (95% CI: 19.61, 42.76), and 45.83% (95% CI: 34.22, 57.45) respectively in Ethiopia. In addition, the following factors are statistically associated with the perinatal period: pregnancy: ANC follow-up (AOR = 3.06, 95%CI = 2.04, 4.58), educational status (AOR = 3.30, 95%CI = 1.99, 5.48), and residence (AOR 2.47, 95%CI, 1.601, 3.81); childbirth: ANC follow-up (AOR = 9.94, 95%CI = 2.05, 48.09), maternal age (AOR = 2.27, 95%CI = 1.56, 3.29), and maternal education (AOR = 10.37, 95%CI = 6.145, 17.51); during postpartum: ANC follow-up (AOR = 3.67, 95%CI = 1.96, 6.844), maternal education (AOR = 6.87, 95%CI = 3.26, 14.49), and residence AOR4.79, 95%CI, 2.97, 7.49). The pooled prevalence of cultural malpractice during the perinatal period was high. Health professionals should encourage beneficial practices through health education for a healthy perinatal period for mothers. [ABSTRACT FROM AUTHOR]

Recent progress in the realm of artificial intelligence has shown effectiveness in various industries, particularly within the healthcare sector. However, there are limited insights on existing studies regarding ethical, social, privacy, and technological aspects of AI in the health sector, which is the gap our study aims to fill. This study aimed to synthesize empirical studies on the challenges and opportunities of using AI by conducting a systematic review. We reviewed 33 articles published between 2015 and 2022 in the PubMed, IEEE Xplore, and Science Direct databases. The results show that artificial intelligence has the promise of improving health care and faces obstacles when implemented. Most of the reviewed studies indicated that the use of AI provides several opportunities, including teamwork and decision-making, technological advancement, diagnosis and patient monitoring, drug development, and virtual health assistance. However, the findings show that the use of AI in the health sector hinders multifaceted challenges, including ethical and privacy-related issues, lack of awareness, unreliability of technology, and professional liability. The findings highlight that artificial intelligence has the potential to transform healthcare and that addressing these challenges is crucial to fully utilize its potential. [ABSTRACT FROM AUTHOR]

Misleading statements in a recent Obstetrics & Gynecology article require correction. No state has an abortion law that is a total ban on abortion. Every state law permits abortion when necessary to save a mother's life. Texas law does not require an "imminent" risk and allows a doctor to use his "reasonable medical judgment" to determine if an abortion is necessary to prevent a "risk" of maternal death. Similarly, Idaho allows a doctor to use his "good faith medical judgment" to determine when to intervene, without need for "immediacy". [ABSTRACT FROM AUTHOR]

Computed tomography (CT)-guided percutaneous needle biopsy of the lung is a well-recognized and relatively safe diagnostic procedure for suspicious lung masses. Systemic air embolism (SAE) is a rare complication of transthoracic percutaneous lung biopsies. Herein, we present a case of an 81-year-old man who underwent CT-guided percutaneous needle biopsy of a suspicious nodule in the lower lobe of the right lung. Shortly after the procedure, the patient coughed up blood which prompted repeat CT imaging. He was found to have a massive cardiac air embolism. The patient became unresponsive and, despite resuscitation efforts, was pronounced dead. The pathophysiology, risk factors, clinical features, radiological evidence, and autopsy findings associated with SAE are discussed, which may, in light of the current literature, assist with the dilemma between assessing procedural complications and medical liability. Given the instances of SAE in the setting of long operative procedures despite careful technical execution, providing accurate and in-depth information, including procedure-related risks, even the rarest but potentially fatal ones, is recommended for informed consent to reduce medicolegal litigation issues. [ABSTRACT FROM AUTHOR]

Medical malpractice is a medical action carried out by health workers that causes harm, both physical and psychological, to the patient. The health legal system in each country has different provisions in regulating medical malpractice. This is caused by various factors, such as differences in culture, values, and legal systems. The aim of this research is to compare the health legal systems in Indonesia and the United States in terms of medical malpractice. This research uses comparative research methods. Research data is collected from various sources, such as statutory regulations, books, journals and scientific articles. The data that has been collected is then analyzed using qualitative analysis techniques. The results showed that the malpractice legal system in Indonesia and the United States has several differences, including the Indonesian legal system adheres to civil law and the United States adheres to common law. While in terms of evidence, Indonesia conducts proof with direct evidence and America with reverse evidence. Then from the form of responsibility, Indonesia implements it in the form of litigation and non-litigation and America in the form of civil law. In addition, from the regulation and supervision, Indonesia is under the supervision of the Ministry of Health and professional institutions such as MDKDI and IDI and America is under the supervision of federal agencies and state jurisdictions. [ABSTRACT FROM AUTHOR]

The provision of expert testimony in litigation has become a big business. The paradigmatic testifying expert is no longer the "amateur" expert who maintains a separate professional identity and testifies only once, or at most sporadically, in litigation to which their expertise is uniquely pertinent. Rather, they are a professional provider of litigation support services who spends a substantial part of their time, and derives a substantial part of their income from, consulting on pending or contemplated lawsuits. Legal rules concerning the provision of expert testimony continue to apply the former, obsolete paradigm of the testifying expert. This conflict of paradigms becomes especially acute when a former client accuses a testifying expert of professional malpractice. In other contexts, professional service providers are liable for injuries caused to their client by the service provider's failure to act with professional competence. In the case of testifying experts, however, some courts and scholars maintain that the absolute immunity extended to participants in judicial proceedings preempts the law of professional malpractice that would otherwise apply. This Article makes two contributions to the discussion of expert malpractice liability. It is the first Article to construct a typology of expert malpractice claims and to evaluate systematically the rationales offered for absolute immunity of testifying experts as applied to each type of claim. The Article concludes that absolute immunity against expert malpractice claims is in all cases either unwarranted, insofar as it does not serve the purposes of witness immunity, or unnecessary, insofar as existing tort and contract law serve adequately to prevent the undesirable outcomes that proponents of immunity identify while permitting injured plaintiffs to recover for experts' professional misconduct. Second, the Article offers guidance as to how expert malpractice liability should be implemented, proposing reforms to substantive state law as well as the Federal Rules of Evidence intended to accommodate the concerns raised by advocates of absolute immunity. [ABSTRACT FROM AUTHOR]

Background: Physical restraint (PR) is used to ensure the safety of care recipients. However, this causes an ethical dilemma between the autonomy and dignity of the recipients and the provision of effective treatment by health workers. This study aimed to analyze legal and ethical situations related to the use of PR using written judgments. Methods: This study uses a qualitative retrospective design. Qualitative content analysis was performed on South Korean written judgments. A total of 38 cases from 2015 to 2021 were categorized. The types of court decisions and ethical dilemma situations were examined according to the four principles of bioethics, and the courts' judgments were compared. Results: Written judgments related to PR were classified into three types according to the appropriateness of PR use, the presence or absence of duty of care, and legal negligence. Ethical dilemmas were categorized into three situations depending on whether the four principles of bioethics were followed. The courts' decisions regarding the ethical dilemmas differed depending on the situational factors before and after the use of PR and the conflicting conditions of the ethical principles. Conclusions: Health workers should consider legal and ethical requirements when determining whether to use PR to provide the care recipient with the necessary treatment. [ABSTRACT FROM AUTHOR]

Introduction: The rapid advancement of artificial intelligence and big data analytics, including descriptive, diagnostic, predictive, and prescriptive analytics, has the potential to revolutionize many areas of medicine, including nephrology and dialysis. Artificial intelligence and big data analytics can be used to analyze large amounts of patient medical records, including laboratory results and imaging studies, to improve the accuracy of diagnosis, enhance early detection, identify patterns and trends, and personalize treatment plans for patients with kidney disease. Additionally, artificial intelligence and big data analytics can be used to identify patients' treatment who are not receiving adequate care, highlighting care inefficiencies in the dialysis provider, optimizing patient outcomes, reducing healthcare costs, and consequently creating values for all the involved stakeholders. Objectives: We present the results of a comprehensive survey aimed at exploring the attitudes of European physicians from eight countries working within a major hemodialysis network (Fresenius Medical Care NephroCare) toward the application of artificial intelligence in clinical practice. Methods: An electronic survey on the implementation of artificial intelligence in hemodialysis clinics was distributed to 1,067 physicians. Of the 1,067 individuals invited to participate in the study, 404 (37.9%) professionals agreed to participate in the survey. Results: The survey showed that a substantial proportion of respondents believe that artificial intelligence has the potential to support physicians in reducing medical malpractice or mistakes. Conclusion: While artificial intelligence's potential benefits are recognized in reducing medical errors and improving decision-making, concerns about treatment plan consistency, personalization, privacy, and the human aspects of patient care persist. Addressing these concerns will be crucial for successfully integrating artificial intelligence solutions in nephrology practice. [ABSTRACT FROM AUTHOR]

Being sued can have significant emotional and psychological impact and has implications on the wellness of emergency radiologists. A better understanding of the steps involved in a medical malpractice suit can help defuse some of the anxiety of litigation. This process starts with the inception of the case, the summons, and complaint, then progresses to discovery, including document production, interrogatories, and deposition, and thereafter to settlement or trial. The discussion includes a number of tips and outlines a number of pitfalls inherent in litigation. It is hoped that this discussion will alleviate some of the anxiety that accompanies this long and arduous process. [ABSTRACT FROM AUTHOR]

Background: The complication rate of modern antireflux surgery or paraesophageal hernia repair is unknown, and previous estimates have been extrapolated from institutional cohorts. Methods: A population-based retrospective cohort study of patient injury cases involving antireflux surgery and paraesophageal hernia repair from the Finnish National Patient Injury Centre (PIC) register between Jan 2010 and Dec 2020. Additionally, the baseline data of all the patients who underwent antireflux and paraesophageal hernia operations between Jan 2010 and Dec 2018 were collected from the Finnish national care register. Results: During the study period, 5734 operations were performed, and the mean age of the patients was 54.9 ± 14.7 years, with 59.3% (n = 3402) being women. Out of all operations, 341 (5.9%) were revision antireflux or paraesophageal hernia repair procedures. Antireflux surgery was the primary operation for 79.9% (n = 4384) of patients, and paraesophageal hernia repair was the primary operation for 20.1% (n = 1101) of patients. A total of 92.5% (5302) of all the operations were laparoscopic. From 2010 to 2020, 60 patient injury claims were identified, with half (50.0%) of the claims being related to paraesophageal hernia repair. One of the claims was made due to an injury that resulted in a patient's death (1.7%). The mean Comprehensive Complication Index scores were 35.9 (± 20.7) and 47.6 (± 20.8) (p = 0.033) for antireflux surgery and paraesophageal hernia repair, respectively. Eleven (18.3%) of the claims pertained to redo surgery. Conclusions: The rate of antireflux surgery has diminished and the rate of paraesophageal hernia repair has risen in Finland during the era of minimally invasive surgery. Claims to the PIC remain rare, but claims regarding paraesophageal hernia repairs and redo surgery are overrepresented. Additionally, paraesophageal hernia repair is associated with more serious complications. [ABSTRACT FROM AUTHOR]

This study used qualitative data from 30 women in three of Ghana's 16 administrative regions to explore motivations and barriers to help-seeking among victims of intimate partner violence. Results of the thematic analysis showed low reporting to formal support networks, such as the Domestic Violence and Victim Support Unit or the police, with higher preference for informal sources, such as family members and friends. Motivations to seek help included fatigue, severity of abuse, abusive partner's negligence in honoring marital obligations, and trust in family members. Barriers to help-seeking included: fear of divorce, stigmatization, lack of trust in formal support channels, sociocultural norms emphasizing gender role expectations, and family privacy. [ABSTRACT FROM AUTHOR]

This article discusses the importance of increased clinical and radiological awareness of incidentally discovered interstitial lung abnormalities (ILAs) on CT chest scans. ILAs are radiological abnormalities that are only discovered incidentally and have been associated with a possible evolution to clinical interstitial lung diseases (ILDs). However, ILAs are not a clinical entity themselves and can be challenging to diagnose. The article emphasizes the need for improved reporting and recognition of ILAs by radiologists and clinicians to prevent diagnostic delays and improve patient outcomes. It suggests strategies such as using structured model reports and encouraging the use of artificial intelligence tools to aid in ILA identification. [Extracted from the article]

In Italy the fertility rate is very low, and an increasing number of patients are infertile and require treatments. The Italian Law concerning the safety of patient care, and the professional liability of health professionals, indicates that health professionals must comply with the recommendations set out in the guidelines developed by public and private bodies and institutions, as well as scientific societies and technical-scientific associations of the health professions, except for specific cases. Unfortunately, no guideline for the diagnosis and the management of infertility is currently available in Italy. In 2019, the Italian Society of Human Reproduction pointed out the need to produce Italian guidelines and subsequently approved the establishment of a multidisciplinary and multiprofessional working group (MMWG) to develop such a guideline. The MMWG was representative of 5 scientific societies, one national federation of professional orders, 3 citizens' and patients' associations, 5 professions (including lawyer, biologist, doctor, midwife, and psychologist), and 3 medical specialties (including medical genetics, obstetrics and gynecology, and urology). The MMWG chose to adapt a high-quality guideline to the Italian context instead of developing one from scratch. Using the Italian version of the Appraisal of Guidelines for Research and Evaluation II scoring system, the National Institute of Clinical Excellence guidelines were selected and adapted to the Italian context. The document was improved upon by incorporating comments and suggestions where needed. This study presents the process of adaptation and discusses the pros and cons of the often-neglected choice of adapting rather than developing new guidelines. [ABSTRACT FROM AUTHOR]

This study investigates how disclosure type and disclosure time have impacts on organizational reputation when medical negligence occurs and whether the mechanism of concealment intention and offensiveness attribution serially mediates the relationship between stealing thunder and organizational reputation. The study also explores the moderating effects of an organizational/industrial history of crisis concealment. Based on three scenario-based experiments, the results demonstrate that, compared to a media disclosure, the self-disclosure effect elicits lower concealment intention and higher organizational reputation. The longer the disclosure time, the higher the concealment intention and the lower the organizational reputation. The findings also show that the effect of disclosure type on organizational reputation is mediated serially by concealment intention and offensiveness attribution. In addition, for hospitals with an organizational history of crisis concealment, the effect of stealing thunder on concealment intention and organizational reputation was weaker. Further, under an industrial history of crisis concealment, the public perceived lower concealment intention and higher organizational reputation when the media disclosed the current crisis case. [ABSTRACT FROM AUTHOR]

This article examines the increase in aesthetic procedures globally and the corresponding rise in malpractice cases. The authors argue that mediation is a crucial alternative to lawsuits, as it can prevent damage to patient-provider relationships. The study analyzes 51 aesthetic medical malpractice cases from a Taiwanese court, categorizing them into successful mediation, failed mediation, and withdrawal. The article compares successful and failed mediation cases, highlighting factors such as physician attendance at mediation, claim amount, solatium, and degree of aesthetic impairment. The study concludes that effective communication, adherence to informed consent, compliance with medical guidelines, physician attendance at mediation, and reasonable claim amounts are key to successful mediation. However, the study's limitations include the lack of patient medical information and the absence of similar studies in other countries. [Extracted from the article]

• Negative effects of self-help interventions are largely ignored. • We developed a novel questionnaire to tap adverse events on online interventions. • Malpractice was most frequently reported. • Format and usage frequency predicted the occurrence of negative effects. Despite the proven effectiveness of psychotherapy for psychiatric disorders, adverse events or unwanted effects may occur. Unwanted effects, however, are rarely assessed. In self-help interventions, which usually are not supported by a therapist, such effects have received even less attention even though special caution is needed regarding unwanted effects such as those related to misapplication. For the present study, we present the newly developed Positive and Negative Effects of Psychotherapy Scale for Internet-Based Intervention (PANEPS-I) and examine possible unwanted effects of an internet-based self-help intervention in individuals with body-focused repetitive behaviors (BFRBs), aggregating three different techniques: habit reversal training (HRT), decoupling (DC), and decoupling in sensu (DC-is). Some HRT users have expressed concern that the suppression of the problematic behavior could lead to rebound effects, but this has not been examined rigorously. Following baseline assessment, 141 participants with at least one BFRB were randomly assigned to two intervention groups that differed only with respect to the delivery mode (video, manual); the content was the same. After 6 weeks, a post-assessment was conducted. Unwanted effects were assessed using the PANEPS-I. A total of 70% of the participants (both treatment groups combined) reported at least one positive effect of the intervention. Negative effects were reported by 14–92% of participants, depending on the effect. The highest agreement rates were found for "no positive goal orientation" (52.5%), "did not address personal problems" (48.8%), "time/performance pressure" (20.9%), shame (16.3%), and concerns about data privacy (14.3%). Participants in the manual intervention group reported unethical procedures (e.g., data privacy concerns) more often (Cohen's d =.44) than those in the video intervention group. Responders reported more positive effects and nonresponders more malpractice (| d | =.80,.54, respectively). HRT users (self-report) showed no significant differences compared to nonusers regarding negative effects. Stepwise hierarchical regression analyses indicated a dose-response relationship for reported positive effects and malpractice. Side effects may occur in any kind of intervention. Usage of HRT did not lead to more reported negative effects compared to nonusage. To improve the quality and effectiveness and ensure the safety of the user, especially those using digital self-help interventions, it is important to regularly assess unintended effects since there is no supervision of the patient in unguided self-help interventions. [ABSTRACT FROM AUTHOR]

In many European legal systems, the provisions of medical legislative acts impose directly on healthcare professionals an obligation to act with due care. This imperative may be considered a basic principle of practising all medical professions, and even a generally accepted principle of medical law. Due care is the manner of conduct by medical professionals that meets the requirements contained in an objective and external standard of conduct created for each specific obligational relationship. Despite the differences between European legal systems, from a comparative perspective it is possible to notice similar factors taken into account when determining the standards of due care in medicine. This is because the conduct of medical professionals is largely determined by actual state of medical knowledge, medical standards and deontological codes relating to all medical professional activities. The aim of the article is to discuss in detail these issues in comparative perspective. [ABSTRACT FROM AUTHOR]

The article examines the medical injury law and compensation systems in Taiwan. Topics discussed include civil and criminal medical malpractice law, procedures and trends in medical malpractice litigation, aspects of medical compensation systems, economics of Taiwan's medical injury compensation system, criminal law and physician's pursuit of criminal medical liability reform, amendment of Article 82 of the Medical Care Act and its intended and actual impact.

Objective Informed consent is the permission obtained verbally and in writing by the physician, so that the patient, who has the power of discrimination and has the ability to evaluate the legal consequences of his/her actions, can make a decision about the procedure and treatment to be applied.This study is a survey study aiming to determine the level of knowledge of Thoracic Diseases and Thoracic Surgery physicians about informed consent. Material and Method The "Informed Consent Knowledge Level Questionnaire" prepared by the researchers was applied to the Thoracic Diseases and Thoracic Surgery physicians working in the hospital between February and May 2020 by face-to-face interview technique. Significance was evaluated at the p<0.05 level. Results The questionnaire was applied to 84 physicians. 69% of the participants were women, 71.4% were thoracic diseases physicians, 28.6% were thoracic surgeons, and the mean age was 36.93±11.58 years. It was determined that 71.4% of the participants received training on informed consent during or after university education, and 97.6% had an informed consent form in their department. 92.9% of the physicians think that having the patient sign an informed consent form will protect them from malpractice lawsuits. While it was determined that the mean level of informed consent knowledge was 70.46±9.09 (min:50-max:85), it was established that there was no statistically significant relationship between status, branch, length of service in medicine and branch, and having been educated about informed consent and the level of informed consent knowledge (p>0.05). Conclusion It has been determined that physicians think that informed consent will protect them from malpractice lawsuits, that the practice of obtaining consent has become widespread, but physicians continue to feel the need to receive education on consent. Although no significant relationship was found between the level of informed consent knowledge and the parameters obtained in the study, the ongoing education needs of physicians on this subject should also be taken into consideration. In order to better understand the factors affecting the level of informed consent knowledge, it is recommended to conduct a large-scale survey classified according to different hospitals, different geographical regions, different age groups and statuses. [ABSTRACT FROM AUTHOR]

The article presents a case study of a newborn with hypoglycemia, exploring questions about its diagnosis and management, alongside the challenges in defining and treating hypoglycemia in neonates. Topics include variations in hypoglycemia screening practices, the lack of a universally accepted definition for pathologic hypoglycemia in newborns, and the importance of thorough documentation in mitigating professional liability.

Conversion practices seek to change or suppress a person’s sexual orientation or gender identity. There is no scientific evidence to support the efficacy of these practices, and considerable evidence that they can cause serious physical, mental and social harm. Despite this, conversion practices have taken and continue to take place across Australia. Recently, Queensland, the Australian Capital Territory and Victoria statutorily proscribed conversion practices, and almost all other States and Territories have committed to reforming their laws. This article analyses recent and proposed law reform models, and considers the best-practice regulatory approach to reducing the incidence of conversion practices and their risks to individuals and the community. We argue for a dual, non-carceral approach that targets conversion practices as a form of pseudo-medical malpractice under existing healthcare laws, and the promotion of the beliefs underlying the practices as a form of discriminatory incitement under anti-discrimination or human rights laws. [ABSTRACT FROM AUTHOR]

Hospitals are intentionally shirking their duty to identify and report incompetent medical practitioners, and it is causing catastrophic injuries to patients. Why are hospitals doing this? Two decades of health care reforms have changed the way physicians and hospitals interact in the U.S. health care system, and as a result, the traditional health care oversight tools no longer work to ensure physician competence. With three out of four physicians now employees of hospitals or health care systems, hospitals have become the guardians of both the internal and external warning systems designed to flag incompetent practitioners. As the guardians, hospitals are required to report incompetent practitioners to the National Practitioner Data Bank (NPDB), the main quality control tool used to identify and weed out incompetent physicians. Hospitals, however, are intentionally circumventing their reporting requirements to avoid institutional embarrassment, medical liability, and physician alienation. This negatively impacts the ability of the more than 24,000 entities that query the NPDB to effectively determine whether a practitioner is competent for purposes of licensing, hiring, and credentialing. This Article offers a solution--switch the data bank from a blacklist of incompetent providers to a database of the employment and hospital affiliation histories for all medical providers. Have the NPDB or private accreditation organizations require hospitals complete a mandatory questionnaire for all practitioners during the credentialing process. Implementing this solution will achieve three salient objectives: (1) improve the process whereby hospitals investigate whether a medical practitioner is competent to practice medicine prior to hiring or offering the practitioner privileges; (2) pave the way for state-based tort claims to hold hospitals accountable for inaccurate disclosures regarding a practitioner's competence to practice medicine; and (3) eliminate the stigma associated with being listed in the NPDB which causes practitioners to practice defensive medicine and avoid admitting mistakes. [ABSTRACT FROM AUTHOR]