Management of testicular torsion in the ER: lessons learned from medical professional liability claims.

OBJECTIVE: To evaluate emergency care for testicular torsion (TT) in medical professional liability (MPL) claims. METHODS: Claims related to TT from 2000 to 2018 were located. The assistance provided and the association with MPL were analyzed. RESULTS: Eighty complaints were identified, testicular pain was reported in 83.75% of first consultations, with a mean evolution time of 15.5 h. The mean time to diagnosis was 7.98 days. The first consultation was at the hospital in 75.1% of cases, but an ultrasound was performed only in 7.5%. When TT diagnosis was performed, 97.3% had undergone ancillary tests. The MPL was significantly associated with non-criminal proceedings and with less than 6 h of symptoms' evolution, and, within this subgroup, without undergoing an ultrasound scan. CONCLUSIONS: Late consultations, wrong diagnosis and late diagnosis are claimed. When MPL are claimed by means of non-criminal law, the existence of responsibility is frequently considered, even more in those cases when the consultation took place before 6 h of evolution with no ancillary tests having been performed.

El manejo de la torsión testicular en Urgencias: lecciones aprendidas de las reclamaciones por responsabilidad profesional médica / Management of testicular torsion in the ER: Lessons learned from medical professional liability claims

Objetivo: Evaluar la atención en Urgencias por torsión testicular en reclamaciones por responsabilidad profesional médica.MétodoSe extrajeron las reclamaciones relacionadas con torsión testicular del 2000 al 2018, analizando la asistencia dispensada y la asociación con responsabilidad profesional médica.ResultadosSe identificaron 80 reclamaciones, registrándose como síntoma principal el dolor testicular en el 83,75% de las primeras asistencias, con 15,5h de evolución media. El tiempo hasta el diagnóstico fue de 7,98 días de media. La primera consulta fue hospitalaria en el 75,1% de los casos, pero solo en el 7,5% se realizó ecografía. Cuando se diagnosticó la torsión testicular, se hizo uso de pruebas complementarias en el 97,3% de los casos. La responsabilidad profesional médica se asoció significativamente con la vía de reclamación no penal y con cuadros de menos de 6h de evolución, y dentro de este subgrupo, con la no realización de ecografía.ConclusionesSe reclaman consultas tardías, el error y el retraso en el diagnóstico. Cuando la reclamación es por vía no penal, es frecuente que se considere la existencia de responsabilidad, y más en los casos en que la consulta fue antes de las 6h y sin haber realizado prueba complementaria alguna. (AU)

Objective: To evaluate emergency care for testicular torsion in medical professional liability claims.MethodClaims related to testicular torsion from 2000 to 2018 were located. The assistance provided and the association with medical professional liability were analyzed.ResultsEighty complaints were identified, testicular pain was reported in 83.75% of first consultations, with a mean evolution time of 15.5h. The mean time to diagnosis was 7.98 days. The first consultation was at the hospital in 75.1% of cases, but an ultrasound was performed only in 7.5%. When testicular torsion diagnosis was performed, 97.3% had undergone ancillary tests. The medical professional liability was significantly associated with non-criminal proceedings and with less than 6h of symptoms’ evolution, and, within this subgroup, without undergoing an ultrasound scan.ConclusionsLate consultations, wrong diagnosis and late diagnosis are claimed. When medical professional liability are claimed by means of non-criminal law, the existence of responsibility is frequently considered, even more in those cases when the consultation took place before 6h of evolution with no ancillary tests having been performed. (AU)

Medical malpractice liability and its consequences. / Encuesta a los urólogos sobre responsabilidad profesional médica y sus consecuencias.

INTRODUCTION: Urology is a specialty of medium risk of claim. Receiving a claim for medical professional liability is a stressful experience with significant repercussions. The objective of this study was to assess the impact of these claims on Spanish urologists. METHODOLOGY: A survey on medical professional liability in urology was designed. The Spanish Association of Urology and the Urological Research Foundation approved the questionnaire, generated by the PIEM online tool. RESULTS: The total number of responses obtained was 202 (11.6% rate), of which 25.24% reported having been claimed, 88% reported mood changes after being claimed, 100% in criminal proceedings. The level of emotional involvement reported was the highest at the beginning of the process and progressively decreasing until its resolution. An affected doctor-patient relationship was considered in 67.9% of cases and 71.4% acknowledged increased defensive medicine in their professional practice. A percentage of 6.7% considered leaving the profession. DISCUSSION: The response rate obtained and the medical acts motivating the claims were comparable to those obtained in a similar survey conducted in the United States. The fact that claims are perceived as very stressful situations and may give rise to the phenomenon of the second victim or to the clinical judicial syndrome is clear, so efforts should be devoted to develop training in this matter and programs that address the consequences derived from these situations.

Physicians as second victims after a malpractice claim: An important issue in need of attention.

OBJECTIVE: Being sued for malpractice is extremely stressful and potentially traumatizing. We aim to identify claims' consequences on the physicians' well-being and medical practice. MATERIAL AND METHODS: We administered a confidential telephonic survey to those physicians with a claim closed during 2014, among those insured by the main professional liability insurance company in the region. The questionnaire addressed several topics: symptoms and well-being changes, needs, impairments and practice changes. We used descriptive statistics as well as Chi-square and T-Student tests. RESULTS: A total of 99 physicians responded to the questionnaire (response rate of 64.7%). Most of them (80.8%) acknowledged having suffered a significant emotional distress, no matter the claim's outcome (p=0.958) or the kind of procedure (p=0.928). Anger and mood cluster of symptoms were frequent, and the experience frequently affected their personal, family or social life and professional conduct. Practice changes correlated significantly and positively with the number of symptoms reported (p=0.010), but not with the outcome of the claim (p=0.338) or the kind of procedure (p=0.552). CONCLUSIONS: Most claimed physicians suffer a significant emotional distress after a malpractice claim, which affects their professional performance. According to our results, they should be assessed and assisted in order to minimize the negative consequences on their well-being and their praxis.

[Analysis of claims for wrong-site surgery (1986-2017)]. / Reclamaciones por cirugía en sitio erróneo (1986- 2017).

BACKGROUND: Wrong site surgery (WSS) is a potentially preventable adverse event in healthcare. METHODS: We performed a retrospective analysis of the 9,129 claims managed by the Professional Liability Service of the Catalonian's Colleges of Physicians from 1986 to 2017. RESULTS: We identified 57 claims for WSS (1.78 per year), with an increase in the final ten years (0.92 to 3.83). One patient identification error corresponded to the anesthetic procedure; surgery involving fingers (17.5%), backbone (15.8%), knee (12.3%) and teeth (12.3%) was predominant. Orthopedic Surgery and Traumatology was the specialty most involved (54.4%), being tooth extraction, vertebral disc prolapsed surgery and finger bone resection the most frequent procedures with seven cases each (12.3%). Claims followed criminal (16 cases, 28.1%) or civil proceedings (9 cases, 15.8%), with two guilty verdicts on a civil basis. The frequency of claims leading to compensation was 59.6%, averaged 9,210.23 euros per claim, resolved through extrajudicial (65.6%) or judicial channels (50.0%). CONCLUSION: WSS events cannot be overlooked and shows high incidence of claims liability rates, which highlights the need to increase efforts to ensure patient safety in this area.

Malpractice risk at the physician level: Claim-prone physicians.

Professional liability and patient safety are worldwide concerns and efforts to identify claimed physicians' characteristics cross borders. Interventions with "at risk populations" would help to better address the underlying problems that lead to many claims. We analyzed physicians' characteristics of every paid claim between 2005 and 2014 in Catalonia region (Spain). We identified 808 physicians involved in 725 paid claims. A total of 12.38% physicians had at least two paid claims over the study period. Physicians' risk of future paid claims was increased if they had more than one previous paid claim (hazard ratio, 1.87; 95% confidence interval [CI], 1.67-2,1). More than half the claims were accounted for by physicians in four specialty groups: obstetrics and gynecology (20.4%), traumatology and orthopedic Surgery (17.5%), plastic surgery (10%) and general surgery (9.7%). The risk of recurrence was higher among surgery-related specialties than among non-surgery-related specialties. Specialty is a particularly strong determinant of claim incidence, so the risk issue may not be so individually determined, but conditioned by the kind of medicine or procedures we practice. Nevertheless, physicians' risk of future paid-claims increases after the second claim. Management systems should take advantage of this information, in order to prevent patient safety events and malpractice claims. Our results support both specialty-based interventions in high-risk specialties, such us Plastic Surgery, as well as interventions at a physician level in those physicians with more than one paid claim.

Clinical safety and professional liability claims in Ophthalmology. / Seguridad clínica y reclamaciones por responsabilidad profesional en Oftalmología.

INTRODUCTION: Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. MATERIAL AND METHODS: A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. RESULTS: There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. CONCLUSIONS: Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients.

Medical professional responsibility for postvasectomy pregnancy. / Responsabilidad profesional médica en embarazo posvasectomía.

BACKGROUND: The follow-up of patients postvasectomy is frequently limited to a seminogram at 3months if azoospermia is observed. This study evaluates a series of cases of complaints for postvasectomy pregnancy to establish follow-up recommendations that increase the clinical safety and reduce the risk of complaints. MATERIAL AND METHODS: We reviewed the database of the Department of Professional Responsibility of the Council of the College of Physicians of Catalonia, finding 28 complaints for postvasectomy pregnancy between 1992 and 2011. We analysed the clinical and legal variables of the cases. RESULTS: A total of 13 extrajudicial complaints (46.43%), 13 civil lawsuits (46.43%) and 2 criminal lawsuits (7.14%) were recorded. Only 10 cases had a signed document of informed consent specific to vasectomy. In 26 cases, the data from the spermogram was available. A single spermogram was conducted in 20 cases (76.92%), 2 spermograms were conducted in 4 cases (15.38%) and none were performed in 2 cases (7.69%). For 9 of the cases (45%) where only a single spermogram was performed, the test was performed before 3months postvasectomy. In 17 cases (65.38%), the result of the last spermogram was azoospermia, and 3 cases had oligospermia (11.54%). There were 2 failures of interpretation of the spermogram (7.69%) and 2 of normospermia (7.69%). In 2 cases, a spermogram was not performed (7.69%). Pregnancy occurred between 4 and 50 months after the intervention. In 12 cases (42.86%), it was considered that the practitioner was responsible. DISCUSSION: It is recommended that physicians emphasise (during the patient information stage) the possibility of spontaneous recanalisation and to request 2 spermograms, whose result should be azoospermia. Performing the test in the 3months after vasectomy is risky, as is basing the waiting time on the number of ejaculations.

[Clinical safety and professional liability claims in Orthopaedic Surgery and Traumatology]. / Seguridad clínica y reclamaciones por responsabilidad profesional en Cirugía Ortopédica y Traumatología.

The specialist in orthopaedic and traumatological surgery, like any other doctor, is subject to the current legal provisions while exercising their profession. Mandatory training in the medical-legal aspects of health care is essential. Claims against doctors are a reality, and orthopaedic and traumatological surgery holds first place in terms of frequency of claims according to the data from the General Council of Official Colleges of Doctors of Catalonia. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career. The aim of this review is to contribute to this training, for the benefit of professionals and patients.

Catastrophic Medical Malpractice Payouts in Spain.

Patient safety and professional liability are major concerns worldwide. Despite the pervasive influence of catastrophic malpractice payouts, little is known about the specific characteristics and the overall relevance and characteristics of these payouts, especially outside U.S. borders. Five hundred fifty claims led to a payout among 2,236 claims from January 1, 2004 to December 31, 2010, in Catalonia (Spain). We analyzed data on patient, provider, and claim characteristics. Accordingly to our sample, Spanish catastrophic payouts (SCP) were defined as payouts over &OV0556;200,000, which was found in 32 cases (5.8%). Diagnostic errors and patient death were not as relevant as previously reported. However, it is remarkable that the literature emanating from different countries shows similar trends besides contextual differences: patients suffering minor injuries are not likely to receive a catastrophic payout, catastrophic payouts are associated with patient age less than one; SCP are most associated with anesthesiology and resuscitation, general surgery, and obstetrics and gynecology; and SCP were more likely to occur when a case went to trial compared to when a case was settled out of court. Studies, such as this, provide a wider picture of the medical liability worldwide reality and helps avoiding isolated discourses.

Clinical characteristics and legal consequences of violent behavior: a case of bipolar disorder.

The main subject of criminal proceedings is that of criminal responsibility, from this point of view bipolar disorders sometimes seem to be a neglected subject in legal scholarship. Yet they may affect decision-making across the spectrum of the law, especially when manic and psychotic symptoms are implicated. This case studies a 37-year-old woman, diagnosed with bipolar affective in disorder, who attacked the neighbour of her ex-husband during a manic episode with psychotic symptoms. Two groups of those psychotic symptoms are especially remarkable: delusions and experiences of influences playing on her body and thought insertion (threat/control­override symptoms). Hostility against her ex-husband was also implicated in the attack. Researchers have pointed all those symptoms as important predictors of violence, and they have determinant legal correlates.

Accidentes de tráfico. Actuación de los serviciossanitarios y la investigaciónmédico-legal / No disponible

España es uno de los países europeos con mayores tasasde accidentes de tráfico, los cuales suponen la primeracausa de mortalidad entre los jóvenes entre 15 y 29 años.Los accidentes de tráfico alcanzan cifras impresionantessuperando las víctimas mortales causadas por epidemias.Como dijo Simonn “el automóvil ha venido a reemplazar almicrobio como agente de morbilidad y mortalidad”. Losaspectosmédico-legales de la asistencia en los accidentes detráfico son un tema relevante en la actualidad debido a susimportantes implicaciones jurídicas y legales. La actuaciónde los profesionales que intervienen en los mismos condicionanen gran medida el éxito o fracaso en la investigaciónmédico-legal (AU)

Spain is one of the European countries with the highestrates of traffic accidents, this accounting for the first causeof mortality among young people between 15 and 29 yearsof age. Traffic accidents reach impressive figures surpassingdeaths caused by epidemics. As Simonn "the car hasreplaced the microbe as an agent of morbidity and mortality."Medico-legal aspects of assistance in traffic accidentsare an important issue at present due to its important legalimplications and legal. The performance of the professionalsinvolved in the same condition to a large extent the successor failure of the medical-legal investigation (AU)