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Negligence and professional responsibilities
Published in Michael Weir, Law and Ethics in Complementary Medicine, 2023
The content of the standard of care can vary if the doctor professes to have a particular skill or speciality. The High Court in Rogers v Whitaker stated that, for specialists: The standard of reasonable care and skill required is that of the ordinary skilled person exercising and professing to have that special skill, in this case the skill of an ophthalmic surgeon specialising in corneal and anterior segment surgery.22
Medical Liability Insurance Data Analytics
Published in Salvatore Volpe, Health Informatics, 2022
Since patients began suing health care practitioners, medical and legal data has been collected in methods and combinations peculiar to the process of defending the practitioner. While rules of procedure and evidence can differ from jurisdiction to jurisdiction, all medical malpractice lawsuits require a plaintiff to identify, with specificity, their allegations of how and when the defendant provider deviated from the standard of care, the nature and extent of injury, and how this damage is causally connected to the deviation. The defense is entitled to discovery testimony of the plaintiff patient which, along with other things, can identify the patient’s specific demographic, personal and familial health history, treatment history and specific, current health/injury status. This deposition testimony takes place after collection of all pertinent medical records from each potentially relevant provider, reviewed by the defendant practitioner’s attorney and, ideally, medical providers of the appropriate specialty. All this information is collected and stored, in some format, in a medical malpractice insurer’s claim file.
Antepartum Testing
Published in Vincenzo Berghella, Maternal-Fetal Evidence Based Guidelines, 2022
Table 58.9 summarizes our recommendations. No trial has conclusively proven that antenatal testing lowers long-term adverse neurologic outcomes, so recommendations might be rated as Level B or even C (i.e., consensus, expert opinion, but no clear evidence). The standard of care, accordingly, can only be a suggestion, and probably varies considerably from region to region [131].
Capturing the perspectives of women with coronary artery disease regarding interval training or continuous exercise in cardiac rehabilitation
Published in Disability and Rehabilitation, 2022
Leanna S. Lee, Laura Banks, Paul I. Oh, Dina Brooks, Tracey J. F. Colella
The concept of aerobic interval training (AIT) is not a novel one, and in fact, it was a form of exercise training that was methodically imposed on high performance athletes, in order to maximize athletic performance almost eight decades ago [11]. It has more recently garnered the attention of clinicians and researchers as a potentially novel approach to best practice and standard of care for implementation into the clinical setting. AIT involves performing intermittent bouts of exercise near maximal exertion, typically ranging 15 s–4 min in duration, separated by active or passive recovery periods. In the CAD population, the AIT intervention group in several studies experienced greater improvements in VO2peak, which translated to ∼1.5–2 ml·kg−1·min−1 improvements compared to the MICE (control) group [12,13]. Marginal gains of just 1 ml·kg−1·min−1 have been shown to be associated with a 9–15% reduction in cardiac mortality risk in both men and women with CAD [14–16]. Therefore, these results are compelling, particularly in the context of a potential 10–25% reduction in cardiovascular mortality risk beyond what would have been conferred by standard of care MICE prescription.
Current clinical diagnosis and management of orbital cellulitis
Published in Expert Review of Ophthalmology, 2021
Sara A. Khan, Ahsen Hussain, Paul O. Phelps
An exciting area of research is the utility of anti-inflammatory treatment in the setting of orbital cellulitis. As mentioned in the article, some researchers have demonstrated a reduced duration of hospital stay for patients who received corticosteroid treatment in combination with antibiotics upon presentation with orbital cellulitis. The idea that early treatment with corticosteroids should be implemented in what is known to be an infectious process is controversial, but early studies are promising and may change conventional dogma. Future randomized, placebo-controlled, double-blinded studies may confirm the benefits of early corticosteroid intervention. We could see this become the standard of care in 5 to 10 years if the findings of early studies are confirmed. Other medical treatments, such as targeted biologics and hyperbaric oxygen are avenues of future research that may continue to reduce the burden of orbital cellulitis.
Expanding legal treatment options for medical marijuana in the State of Louisiana
Published in Journal of Community Hospital Internal Medicine Perspectives, 2021
Theresa Kane, Christopher Flood, Tobi Oluwato, Qinshi Pan, Mihail Zilbermint
Besides, this piece of legislation gives the physician the ability to recommend medical marijuana even for instances that may not be listed, therefore increasing the autonomy of developing treatment plans. This raises a connection to malpractice as the legislation allows doctors to prescribe using their best judgment. The legislation will impact the interpretation of a ‘reasonable physician,’ given that courts will typically hold that the liability of a physician depends on whether the chosen treatment plan would have been accepted by other physicians [22]. professional standard of care is the comparison point for a medical malpractice [17]. The legislation inherently expands on what a reasonable physician is permitted to do and what the standard of care is. These added components of the legislation could limit the possibilities malpractice suits, further demonstrating that healthcare providers would embrace this legislation.