Medical malpractice in Iran: A systematic review

Abstract

Background: Medical malpractice represents a serious problem in the health system and is one of the risk factors for patient safety which damages the patient and increases costs for the patient and the health care provider. The importance of these complaints against physicians is that litigation may continue for a long time and become problematic for patients and physicians. The objective of this study was to investigate the complaints of medical malpractices which were referred to Iran Medical Council to provide solutions to reduce the complaints and improve service delivery. Methods: Embase, PubMed/MEDLINE, ISI/Web of Science (WOS), Scopus, and Iranian databases, such as MagIran, SID, and Irandoc, were searched from 01/01/1990 to 07/01/2018. Also, the grey literature (via Google Scholar) was searched. Studies written in English or in Persian were searched, and keywords used included malpractice, negligence, medical malpractice, physician impairment, Iran, and professional impairment. Results: Nearly 1455 complaints (36%) of the total number of 3977 complaints were proved to be medical malpractice, and physicians were acquitted in 2542 (64%) cases. Most complaints were from gynaecologists, accounting for 43% of all complaints, followed by orthopaedic specialists who ranked second with 21.4% of the total complaints. The most type of failure was due to lack of skill (30.4%), followed by negligence (29.2%). Imprudence or indiscretion (26.3%) and noncompliance with governmental requirements (14.1%) were also in the next ranks, respectively. Conclusion: Improving patient and physician relationships, observing medical ethics, increasing the scientific and technical skills of the medical staff, and following the guidelines and medical protocols will prevent medical malpractice. Therefore, health policymakers can reduce errors and failures by adopting continuing education on medical, ethical, and legal issues.

Medical Malpractices in Tehran Public Hospitals Referred to the Forensic Medicine Commission of Tehran Province in 2018: An Analytical Review

“…In a study in Shanghai [15], from 1990 to 2015, similar to the present study, the number of male complainants was more than female ones (1.6 vs. 1), the majority belonged to the age group of 50-70 years. A review study in Iran [16], from 1990 to 2018, signified that of 3977 cases filed for medical malpractice against medical staff, 36% won, the main reason was the inadequate skill of the physician (30.4%), primarily gynecological and obstetric surgeons and orthopedic specialists (64.4% in total); 64% of complaints were against physicians.…”

Role of Arbitration in Resolving Medical Malpractices : A Literature Review

“…Malpractice is defined as a failure to comply with the aspects of informed consent in the interaction between doctors and patients. [17]. Malpractice violations that can be reduced include providing clear information to the patient or patient's family so that the patient or patient's family can estimate the risks that may arise indirectly [18] Although we must recognize that there are numerous "grey areas" in assessing whether a case is a malpractice violation or not.…”

Patient Safety in Dental Practice: Lessons to Learn About the Risks and Limits of Professional Liability

“…1 Attention to the issues of malpractice and professional liability has been increasing in the scientific community worldwide. 1 , 2 , 3 , 4 , 5 , 6 Decision-making on these topics is conducted in the legal context, 7 taking into account the type of medical activity. In this study, we focus on oral surgery and facial aesthetics.…”

“…There is a consensus that any medical or surgical procedure can lead to a change in the patient's physical or mental integrity. 3 , 4 , 5 , 6 , 12 , 13 , 14 , 15 , 16 , 17 , 18 Iatrogenic sequelae can be understood as a consequence of a correct procedure performed according to the leges artis , defined by the risk of the procedure. 12 , 13 , 14 , 15 , 16 In contrast, malpractice is an iatrogenic sequela caused by an incorrect or negligent procedure.…”

“… 12 , 13 , 14 , 15 , 16 In contrast, malpractice is an iatrogenic sequela caused by an incorrect or negligent procedure. 7 Malpractice is indeed an unnerving and sensitive topic 2 , 3 , 4 , 5 , 6 , 7 , 17 and has been the focus of the scientific community since 1977, with Leonard Berlin highlighting the occurrence of medical negligence as a result of radiographic misdiagnosis. 2 The presence or absence of a malpractice is a medicolegal determination, and resolution in court imposes high costs on society.…”