OBJECTIVES/HYPOTHESIS To better understand the causes and outcomes of lawsuits involving otolaryngologists in the past decade by analyzing malpractice litigation trends to prevent future litigation and improve physician education. STUDY DESIGN Analysis of a national database for all US civil trials. METHODS The Westlaw database was reviewed from 2001 to 2011. Data were compiled on the demog...

Background. Intravenous tPA (tissue plasminogen activator) therapy remains underutilized in patients with Acute Ischemic Stroke (AIS). Anecdotal data indicates that physicians are increasingly liable for administering and for failure to administer tPA. Methods. An extensive search of Medline, Embase, Westlaw, LexisNexis Legal, and Google Scholar databases was performed. Case studies that involv...

Background: Malpractice litigation continues to be a serious problem in neurosurgery despite many www.surgicalneurology-online.com 0090-3019/$ – see fro doi:10.1016/j.surneu.2 suggestions to contain liability, including proposed federal legislation. Methods: A current study of 275 malpractice claims has been compared with a prior study of 300 cases of liability and potential liability reported ...

Introduction: Medical malpractice and prostate cancer screening are important issues in the current landscape of health care. We identified factors contributing to litigation in the diagnosis of prostate cancer. Methods: We used the Westlaw database to search for jury verdict reports using the term medical malpractice combined with prostate cancer with dates ranging from January 2000 to Decembe...

OBJECTIVES/HYPOTHESIS Malpractice claims pertaining to rhinological procedures are a potentially important source of information that could be used to minimize the risk of future litigation and improve patient care. STUDY DESIGN A retrospective review of a publicly available database containing jury verdicts and settlements. METHODS The LexisNexis Jury Verdicts and Settlements database was ...

What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant’s breach of duty must be shown to have caused the plaintiff’s damages, it is not enough to consider what would have happened if the cause had not occurred—the law instructs us to look to a specific replacement for the cause, which in thi...

For some months now, we have been at work on a project called ‘‘Grouping Data.’’ In it, we address several specific questions (e.g., Under what circumstances should we group data? If the appropriate circumstances exist, how ought we proceed?). But our overarching message is a simple one: the decisions we make over how to group data may crucially affect the inferences we reach. This certainly ho...

SINCE the leading case of Mitchell v. Rochester Ry. in 1897,1 New York courts have refused to allow recovery for physical and mental injuries resulting from negligently-induced fright unless the frigft was accompanied by an actual physical "impact." 2 In the recent case of Battalla v. State,3 however, the New York Court of Appeals, in a four to three opinion expressly overruling Mitchell, held ...

QUESTIONS In Switzerland, evaluation of work capacity in individuals with mental disorders has come under criticism. We surveyed stakeholders about their concerns and expectations of the current claim process. METHODS We conducted a nationwide online survey among five stakeholder groups. We asked 37 questions addressing the claim process and the evaluation of work capacity, the maximum accept...

The article reviews the judicial practice on cases of compensation damage to water bodies resulting from oil spills, during which, as a rule, forensic environmental examination is appointed. author analyzes provisions methodology for calculating regarding violations legislation, which are subject dispute between plaintiff and defendant requiring expert opinion. She also gives most common wordin...